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Pol.sci 
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National popular government 
League 



Report upon the illegal 
practices of the U.S. 
department of Justice 




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aovT 

TO THE AMERICAN PEOPLE 



REPORT 



UPON THE 



ILLEGAL PRACTICES 



OF THE 



JNITED STATES DEPARTMENT OF JUSTICE 



E. G. Brown, 

Memphis, Tenn. 

Zechariah Chafee, Jr., 

Cambridge, Mass. 

Felix Frankfurter, 

Cambridge, Mass. 

Ernst Freund, 

Chicago, 111. 

Swinburne Hale, 

New York City. 

Francis Fisher Kane, 

Philadelphia, Pa. 



Alfred S. Niles, 

Baltimore, Md. 

Roscoe Pound, 

Cambridge, Mass. 

Jackson H. Ralston, 

Washington, D. C. 

David Wallerstein, 

Philadelphia, Pa. 

Frank P. Walsh, 

New York City. 

Tyrrell Williams, 

St, Louis, Mo. 



NATIONAL POPULAR GOVERNMENT LEAGUE 



WASHINGTON, D. C. 
MAY. 1920 



H 



flRA^fpfigP lcOUWCILt 8 



TO THE AMERICAN PEOPLE : 

For more than six months we, the undersigned lawyers, 
whose sworn duty it is to uphold the Constitution and 
Laws of the United States, have seen with growing appre- 
hension the continued violation of that Constitution and 
breaking of those Laws by the Department of Justice of 
the United States government. 

Under the guise of a camjoaign for the suppression of 
radical activities, the office of the Attorney General, act- 
ing by its local agents throughout the country, and giving 
express instructions from Washington, has committed 
continual illegal acts. "Wholesale arrests both of aliens 
and citizens have been made without warrant or any 
process of law ; men and women have been jailed and held 
incomiinicado without access of friends or counsel ; homes 
have been entered without search-warrant and property 
seized and removed; other property has been wantonly 
destro3^ed ; workingmen and working'women suspected of 
radical views have been shamefully abused and mal- 
treated. Agents of the Department of Justice have been 
introduced into radical organizations for the purpose of 
informing upon their members or inciting them to activi- 
ties ; these agents have even been instructed from Wash- 
ington to arrange meetings upon certain dates for the 
express object of facilitating wholesale raids and arrests. 
In supiDort of these illegal acts, and to create sentiment in 
its favor, the Department of Justice has also constituted 
itself a propaganda bureau, and has sent to newspapers 
and magazines of this country quantities of material de- 
signed to excite public opinion against radicals, all at the 
expense of the government and outside the scope of the 
Attorney General's duties. 

We make no argument in favor of any radical doctrine 
as such, whether Socialist, Communist or Anarchist. No 



one of us belongs to any of these schools of thought. Nor 
do we now raise any question as to the Constitutional 
protection of free speech and a free press. We are con- 
cerned solely with bringing to the attention of the Ameri- 
can people the utterly illegal acts which have been com- 
mitted by those charged with the highest duty of en- 
forcing the laws — acts which have caused widespread 
suffering and unrest, have struck at the foundation of 
American free institutions, and have brought the name 
of our country into disrepute. 

These acts may be grouped under the following heads : 

(1) Cruel and Unusual Punishments : 

The Eighth Amendment to the United States Constitu- 
tion provides : 

''Excessive bail shall not be required nor 
excessive fines imposed, nor cruel and un- 
usual punishments inflicted." 

Punishments of the utmost cruelty, and heretofore un- 
thinkable in America, have become usual. Great num- 
bers of persons arrested, both aliens and citizens, have 
been threatened, beaten with blackjacks, struck with fists, 
jailed under abominable conditions, or actually tortured. 
Annexed hereto as Exhibits 1-lc, 2-2f, 5a, 5b, and 9 are 
affidavits and evidence of these practices. 

(2) Arrests without Warrant: 

The Fourth Amendment to the Constitution provides : 

"The right of the people to be secure in 
their persons, houses, papers, and effects, 
against unreasonable searches and seizures, 
shall not be violated, and no Warrants shall 
issue, but upon probable cause, supported by 
Oath or affirmation, and particularly de- 
scribing the place to be searched, and the 
persons or things to be seized. ' ' 

Many hundreds of citizens and aliens alike have been 
arrested in wholesale raids, without warrants or pretense 
of warrants. Thev have then either been released, or 



have been detained in police stations or jails for in- 
definite lengths of time while warrants were being ap- 
plied for. This practice of making mass raids and mass 
arrests without warrant has resulted directly from the 
instructions, both written and oral, issued by the Depart- 
ment of Justice at Washington. The cases are far too 
numerous to catalogue, but typical instances may be 
found in Exhibits 1-lb, 2-2f, 5 and 13. The secret in- 
structions of the Department also appear as Exhibits 11 
and 12. 

(3) Unreasonable Searches and Seizures: 

The Fourth Amendment has been quoted above. 

In countless cases agents of the Department of Justice 
have entered the homes, offices, or gathering places of 
persons suspected of radical affiliations, and, without pre- 
tense of any search warrant, have seized and removed 
property belonging to them for use by the Department of 
Justice. In many of these raids property which could 
not be removed or was not useful to the Department, was 
intentionally smashed and destroyed. Exhibit 2a is a 
photograph of the interior of a house raided by the De- 
partment of Justice. Exhibit 14 gives a recent opinion 
of the IT. S. Supreme Court in a non-radical case, con- 
demning seizure without warrant by the Department of 
Justice, and Exhibit 15 the opinion of the U. S. District 
Court in Montana in a more flagrant radical case. Other 
Exhibits bearing on this point are 2, 2a, 3 and 13. 

(4) Provocative Agents: 

We do not question the right of the Department of 
Justice to use its agents in the Bureau of Investigation 
to ascertain when the law is being violated. But the 
American people has never tolerated the use of under- 
cover provocative agents or "agents provocateurs," such 
as have been familiar in old Russia or Spain. Such 
agents have been introduced by the Department of Jus- 
tice into the radical movements, have reached positions 



6 

of influence therein, have occupied themselves with in- 
forming upon or instigating acts which might be declared 
criminal, and at the express direction of Washington have 
brought about meetings of radicals in order to make pos- 
sible wholesale arrests at such meetings. Attention is 
specially called to Exhibits 10 and 11, which are the secret 
instructions issued from Washington, Exhibit 13 contain- 
ing an abstract of the testimony in the Colyer case in this 
regard, and to Exhibits 6, 7 and 8. 

(5) Compelling Persons to he Witnesses against Them- 
selves: 

The Fifth Amendment provides as follows : 

' ' No person * * * shall be compelled 
in any criminal case to be a witness against 
himself, nor be deprived of life, liberty, or 
property, without due process of law. 



?? 



It has been the practice of the Department of Justice 
and its agents, after making illegal arrests without war- 
rant, to question the accused person and to force admis- 
sions from him by terrorism, which admissions were sub- 
sequently to be used against him in deportation proceed- 
ings. Instances of this sort appear in various Exhibits 
numbers 1, lb, and 2b-2f. Attention is also called to 
the Cannone case. Exhibit 9, in which Department agents 
committed assault, forgery and perjury. 

(6) Propaganda hy the Department of Justice: 

The legal functions of the Attorney General are: to 
advise the Government on questions of law, and to prose- 
cute persons who have violated federal statutes. For the 
Attorney General to go into the field of propaganda 
against radicals is a deliberate misuse of his office and a 
deliberate squandering of funds entrusted to him by Con- 
gress. Annexed as Exhibit 17 is a copy of a form letter 
sent out by the Attorney General under date of January 
27, 1920, to many magazines and editors throughout the 



country, deliberately intended to prejudice tliem in favor 
of his actions. Exhibit 18 is a description of an illus- 
trated page offered free to country newspapers at the 
expense of the Department of Justice, patently designed 
to affect public opinion in advance of court decision and 
prepared in the manner of an advertising campaign in 
favor of repression. These documents speak for them- 
selves. 

The Exhibits attached are only a small part of the evi- 
dence which may be presented of the continued violation 
of law by the Attorney General's Department. These 
Exhibits are, to the best of our knowledge and belief 
(based upon careful investigation) truthful both in sub- 
stance and detail. Drawn mainly from the four centers 
of New York City, Boston, Mass., Detroit, Mich., and 
Hartford, Conn., we know them to be typical of condi- 
tions which have prevailed in many parts of the country. 

Since these illegal acts have been committed by the 
highest legal powers in the United States, there is no 
final appeal from them except to the conscience and con- 
demnation of the American people. American institu- 
tions have not in fact been protected by the Attorney 
General's ruthless suppression. On the contrary those 
institutions have been seriously undermined, and revolu- 
tionary unrest has been vastly intensified. No organiza- 
tions of radicals acting through propaganda over the last 
six months could have created as much revolutionary sen- 
timent in America as has been created bv the acts of the 
Department of Justice itself. 

Even were one to admit that there existed anv serious 
"Red menace" before the Attorney General started his 
"unflinching war" against it, his campaign has been sin- 
gularly fruitless. Out of the many thousands suspected 
by the Attorney General (he had already listed 60,000 
by name and history on Nov. 14, 1919, aliens and citizens) 
what do the figures show of net results ? Prior to Janu- 
ary 1, 1920, there were actually deported 263 persons. 



8 

Since January 1 there have been actually deported 18 
persons. Since January 1 there have been ordered de- 
ported an additional 529 persons, and. warrants for 1,547 
have been cancelled (after full hearings and considera- 
tion of the evidence) by Assistant Secretary of Labor 
Louis F. Post, to whose courageous reestablishment of 
American Constitutional Law in deportation proceedings 
(see Exhibit 16) are due the attacks that have been made 
upon him. The Attorney General has consequently got 
rid of 810 alien suspects, which, on his own showing, 
leaves him at least 59,160 persons (aliens and citizens) 
still to cope with. 

It has always been the proud boast of America that 
this is a government of laws and not of men. Our Con- 
stitution and laws have been based on the simple elements 
of human nature. Free men cannot be driven and re- 
pressed; they must be led. Free men respect justice and 
follow truth, but arbitrary power they will oppose until 
the end of time. There is no danger of revolution so 
great as that created by suppression, by ruthlessness, and 
by deliberate violation of the simple rules of American 
law and American decency. 

It is a fallacy to suppose that, any more than in the 
past, any servant of the people can safely arrogate to 
himself unlimited authority. To proceed upon such a 
supposition is to deny the fundamental American theory 
of the consent of the governed. Here is no question of a 
vague and threatened menace, but a present assault upon 
the most sacred principles of our Constitutional liberty. 



The foregoing report has leen prepared May, 1920, 
under the auspices of the National Popular Government 
League. 

R. G. Brown, 

Memphis, Tenn. 

Zechariah Chafee, Jr., 

Cambridge, Mass. 

Felix Frankfurter, 

Cambridge, Mass. 

Ernst Freund, 

Chicago, 111. 

Swinburne Hale, 

New York City. 

Francis Fisher Kane, 

Philadelphia, Pa. 

Alfred S. Niles, 

Baltimore, Md. 

RoscoE Pound, 

Cambridge, Mass. 

Jackson H. Ralston, 

Washington, D. C. 

David Wallerstein, 

Philadelphia, Pa. 

Frank P. Walsh, 

New York City. 

Tyrrell Williams, 

St. Louis, Mo. 



10 

LIST OF EXHIBITS. 

Page. 

1. Hartford Jail Situation 11 

la. Nakhwat Affidavit (Hartford Abuses) 12 

lb. Musek Affidavit (Ibid.) 13 

Ic. Dimitroff Affidavit (Ibid.) 15 

2. Statement as to Raid, Russian People's House, New York. 16 

2a. Photograph, Russian People's House after Raid 17 

2b. Affidavit of Lavrowsky (Beatings, etc., N. Y.) 18 

2c. Affidavit of Melikoff (Ibid.) 19 

2d. Affidavit of Ischenko (Ibid.) 19 

2e. Affidavit of Kravchuck (Ibid.) 19 

2f. Affidavit of Karas (Ibid.) 20 

3. DeSilver Affidavit (Destruction of Property, Novy Mir, 

N. Y.) 20 

4. Salsedo and Elia Cases (Secret Confinement, Suicide, etc.) 21 

5. Jailing Radicals in Detroit 22 

5a. Affidavit, Alexander Bukowetsky (Detroit Abuses) .... 23 

5b. Ibid. Violet Bukowetsky (Ibid.) 27 

5c. Statement as to Bukowetsky Affidavits 28 

6. Case of Julia Pratt (Provocative Agents) 29 

7. Petzold Case (Provocative Agents) 30 

8. Under-Cover Private Informants 30 

9. Affidavit Cannone Case (Beating, Perjury, Forgery) ... 31 

10. Department of Justice Instructions, August 12, 1919. . . 37 

11. Department of Justice Confidential Letter, December 27, 

1919 37 

12. Department of Justice Local Instructions to Boston 

Agents 41 

13. The Colyer Case (Illegal Raids, Provocative Agents, etc.) 42 

14. Opinion, Silverthorne Case (U. S. Supreme Court) 56 

15. Opinion, Jackson Case (U. 'S. District Court) 57 

16. Opinion, Truss Case (Asst. Sec'y of Labor) 58 

17. Propaganda Letter from Attorney General to Magazines. 64 

18. Propaganda Page, Department of Justice 66 

19. '-'Lest We Forget" • 67 

{Italics in these Exhibits are ours.) 



11 

EXHIBIT 1. 
HARTFORD JAIL SITUATION. 

In Bridgeport, Conn., on November 8, 1919, various workingmen 
had come together to discuss ways and means for buying an auto- 
mobile to be employed for instruction purposes. The meeting was 
raided and 63 men arrested without warrants by agents of the De- 
partment of Justice and taken to the police station. A day or two 
later, 16 of these were released. The remaining 47, after being held 
three days in the police station, where they slept on iron bunks 
without cover or mattress, and where they were fed little or nothing, 
were transferred by the Department of Justice to the Hartford jail. 
Other persons who were arrested in this way or who had applied 
at the Hartford jail for permission to see their friends, were also 
taken up and confined in the jail. There were finally 97 men held 
for deportation. Most of them were questioned by Department of 
Justice agents; some were beaten or threatened with hanging or 
suffocation in order to obtain answers from them. Warrants of 
arrest for these men were requested and obtained from the Depart- 
ment of Labor by the Department of Justice. Most of the 97 pris- 
oners remained in practically solitary confinement until the end of 
April — five months. When the facts finally came to the attention 
of Mr. Louis F. Post, Assistant Secretary of Labor, he ordered the 
men all transferred to the Immigrant Station at Deer Island, 
Boston. 

During these five months the prisoners were allowed no reading 
matter; were kept alone in their cells except for occasional visits 
from Department of Justice agents or hearings before Department 
of Labor Inspectors; were refused, in some cases, knowledge of the 
charges against them; were refused, in some cases, knowledge of 
the amount of bail under which they were held; were allowed only 
2 to 5 minutes a day to wash their face and hands at a sink outside 
their cells, and 5 minutes once a month to wash their bodies in a tub, 
were given practically no exercise, and were fed with foul and in- 
sufficient food. 

In the Hartford jail there exist four punishment rooms, all alike, 
unventilated and utterly dark, size 4 feet 3 inches by 8 feet 10 inches, 
with solid concrete floors, no furniture of any kind, and placed over 
the pump room of the boiler so that the temperature in them be- 
comes unbearably high. A number of the supposed anarchist or Com- 
munist prisoners, probably ten to fifteen, were confined in these 
rooms for periods of 36 to 60 hours. During their imprisonment 
in the suffocating heat without air, they were given one glass of 
water and one slice of bread every 12 hours. Some of them on 
being released had to be revived before they could be carried to their 
cells; one man who was in only 36 hours was able to get to his cell 
unaided. 

These Hartford prisoners were practically buried alive for five 
months, being even denied the privilege of seeing their relatives or 
friends, who made constant attempts to communicate with them. 



12 

Only after a lawyer had finally succeeded in gaining access to the 
jail, were the conditions at all ameliorated and the men ultimately 
moved to Deer Island. That there were no substantial charges 
against at least ten of them is shown by the fact that after being 
held in $10,000 bail for two months and a half, those ten were re- 
leased without bail on January 24th. It seems probable that at least 
a majority had no political views of any special nature, but were 
simply workingmen of Russian nationality speaking little or no 
English. 

The foregoing statement, with many details, is evidenced by the 
statements of Isaac Shorr of the New York bar^ who represented 
these men, of an impartial expert investigator who was sent to the 
jail, and personal interviews with some of the men. Affidavits by 
some of them follow: 

EXHIBIT la. 

State of Connecticut, 

City of Bridgeport, ss: 

SEMEON NAKHWAT, being duly sworn, deposes and says : 

I was born in Grodno, Russia, and am thirty-three years old and unmar- 
ried. . 

In the autumn of 1919 I was a member of the Union of Russian Workers. 
I am not an anarchist. Socialist or Bolshevik and do not take much interest 
in political theories. I joined the Russian Workers because I was a workman 
speaking Russian and wanted to associate with other Russians and have the 
benefit of the social intercourse and instruction in mechanics which the society 
gave. By trade I am a machinist. 

On November 8, 1919, I was at a meeting of Russians in Bridgeport, who 
had come together to discuss ways and means for buying an automobile to be 
used for instruction purposes. At that time I was employed by the American 
Brass Co. in Ansonia as a machinist, working a ten hour day at 46^^ cents an 
hour. At the meeting I speak of, I was arrested with all the other men at the 
meeting, 63 in number. The arrest was made by Edward J. Hickey, a special 
agent of the Department of Justice, who had helping him about fourteen 
Bridgeport policemen in uniform and about nine Department of Justice agents 
in plain clothes. No warrant of arrest was shown me then or at any other 
time, nor did I see any warrant shown to anyone else who was arrested. 

I was taken with the other men to the police station on Fairfield Avenue 
and held there three days, being in a cell with two other men. During these 
three days no one gave me any hearing or asked me any questions. I was 
then taken to Hartford, Conn., with about forty-eight of the men, being in- 
formed that the rest of those arrested had been released. 

I was held in the Hartford Jail for six weeks without any hearing. In 
the seventh week I had one hearing before the Labor Department, which 
hearing was held in the Post Office Building and was then returned to jail. 

In the thirteenth week of my confinement Edward J. Hickey came into my 
•":ell and asked me to give him the address of a man called Boyko in Green- 
point, Brooklyn. I did not know this man and told Hickey that I did not. 
Hickey thereupon struck me twice with his fist, once in the forehead and once 
ijQ the jaw, whereupon I fell. He then kicked me and I became unconscious. 
Hickey is a big man, weighing two hundred pounds. For three weeks after 
this I suffered severe pain where I was kicked in the back. 

In the last part of January or early in February, my finger was severely in- 
fected. I asked the guards to let me have a doctor to treat my finger. They 
i'efused, and I asked again, whereupon they said to come with them. They 
took me to a room in the basement of the jail with a cement floor, cement 
walls and an iron door. The room was pitch dark, and the only means for 
lighting or ventilating it that I could see was a small hole in the door. The 
floor of this room was hot and the walls were very warm to the touch. I 
stayed in this room for thirty-six hours, from 8.30 one morning to 8.30 the 



13 

following evening. At times the room was so hot that I was forced to remove 
all my clothing except my underwear ; at other times I found it necessary to 
resume my clothing. The evening of the first day I was given one glass of 
water and one slice of bread, and the morning of the second day I was given 
the same. I received no other food or water during the thirty-six hours. 
There was no furnitui-e in the room, and no sanitary facilities except an iron 
pail. On my release from this room I was barely able to move. No medical 
attention was provided for my infected finger which did not heal entirely until 
some time after my release from jail in April. 

I was released from the Hartford Jail on April 7th, having been in confine- 
ment five months, my release coming about through an attorney who came to 
the jail to see other prisoners and who, after seeing me, obtained a reduction 
of my bail from ten thousand dollars to one thousand dollars, and secured the 
putting up of $1,000 bail. During the five months of my confinement I was 
continually in my cell the whole time, except that twice during the five 
months the guards took me out of the cell and tried to force me to rim, which 
I was physically unable to do. During the whole period I had only one inter- 
view with a friend, although after my release I learned that seven attempts to 
see me had been made. The only other times I was out of my cell were for 
two or three minutes each day when I was allowed to go to wash my face at a 
sink, and five minutes once a month when I was allowed to take a bath in a 
tub. Only five minutes were allowed for undressing and taking the bath for 
each man, and I was forced to go back to my cell without time to get the soap 
out of my hair. I was not allowed to bathe my body more than once a month 
in this manner. 

The food in the jail was very bad, some of it so foul that it could not be 
eaten at all and not sufficient in quantity to maintain a person in health. 

No books or newspapers were allowed me during the five months, although 
I asked for them. 

During the five months' confinement I was kept alone in a small cell with no 
one to talk to. 

At the time of my arrest I was earning an average of $31.00 per week, in- 
cluding bonus and overtime. Since my release on the 7th day of April I have 
been unable to secure employment, being informed wherever I apply and state 
my record that persons under suspicion of being bolsheviks are not desired. I 
have made diligent effort to obtain employment but have been unable to do so. 

SEMEON NAKHWAT. 

Witness : 

A. MANKO. 

State of Connecticut, 

County of Fairfield, 

City of Bridgeport: 

Subscribed and sworn to before me this 18th day of May, 1920. 

[NOTABIAL SEAL.] JOSEPH L. KOCHISS, 

Notary Public. 
EXHIBIT lb. 

State of Connecticut, 

City of Bridgeport, ss: 

PETER MUSEK, being duly sworn, says : 

I reside at No. 437 Helen Street, Bridgeport, Conn. I am 33 years of age 
and am working as a tailor in Bridgeport. On the 24th day of December, 1919, 
I left Bridgeport for Hartford and applied for a pass to see a friend, Mike 
Lozuk, who was arrested on the 8th day of November, 1919, at a meeting 
place of Russians in Bridgeport. I heard that Lozuk was confined in the 
Hartford Jail and wanted to see me. As soon as I appeared in the U. S. 
Post Office Building at Hartford, Conn., where I asked for a pass to see 
Lozuk, I was searched and immediately put under arrest and questioned by 
an agent of the Department of Justice. Six men, I presume agents of the De- 
partment of Justice, questioned me and threatened to hang me if I do not tell 
them the truth. In one instance, an agent of the Department of Justice, 
whose name I do not know, brought a rope and tied it around my neck, stat- 
ing that he will hang me immediately if I do not tell him who conducts the 



14 

meetings and who are the main workers in an organization called the Union 
of Russian Workers. This inquisition lasted fully three hours, after which I 
was again threatened to be put into a gas-room and suffocated unless I gave 
more particulars about other men in the Union of Russian Workers. This 
was all done in the U. S. Post OflBce Building in the presence of six agents 
of the Department of Justice. 

From the Post Office Building I was taken to a police station in Hartford, 
where I was placed in a cell and released about eleven o'clock A. M. on the 
26th day of December and taken to the U. S. Post Office Building, where I was 
again questioned by about five agents of the Department of Justice up to five 
o'clock in the afternoon. A statement was prepared by these agents in 
English, which I was ordered to sign. After this I was taken to jail, where I 
was kept for fully two weeks without any hearings. No visitors were allowed 
to see me. I was not permitted to write any letters. At the end of about two 
weeks I was chained to another man and led through the streets of Hartford 
from the jail to the Department of Justice, where I was questioned by an im- 
migration inspector. At the end of the hearing I was informed that if I wish 
to be released I will have to put up $10,000 bail. Then I was taken back to 
the jail, where I remained continually up to and including the 18th day of 
March, 1920, when I was released on bail. 

During my confinement I was given an opportunity to write two letters, 
was not permitted to have any reading matter and was not given any writing 
paper, so that I remained in the cell all this time without an opportunity to 
even see a newspaper or see a friend, with the exception of three visits 
granted to my sister, who made numerous attempts to see me. My cell was 
always locked with the exception of two or three minutes a day, when I was 
permitted to run to a sink and wash my face. I was not even permitted to 
speak to my neighbor in the next cell, even though I could not see him because 
of an intervening wall. I was hungry during all the time of my confinement, 
for it was impossible to eat the food that was supplied by the jail, and I was 
not permitted to buy anything with my own money. On four or five occasions 
my sister brought some food, which was delivered to the office and then de- 
livered to me by the jailer. This food assisted materially, and if not for that 
I would probably have starved. 

On the 6th day of February, 1920, a few minutes after Anton Dimitroff was 
taken to the cellar, I was taken out from my cell and also brought to the base- 
ment of the jail and put into a cell high enough for me to stand up in and 
long enough for me to make about two and a half paces. When I was put in 
the cell, I heard the jailer say to somebody "Give this man heat." When I 
came into the cell it was quite warm. Soon thereafter the floor became hot 
and I nearly roasted. I took my clothes off and remained absolutely naked 
but the heat was unbearable. About five o'clock a man brought a glass of cold 
water and one piece of bread. The cold water revived me a little and I heard 
the man say again, "Give him some more heat." After this the cell became 
even hotter. I could not stand on my feet any longer and I remained on the 
floor up to 8 o'clock in the morning, when the door opened and a man handed 
me a glass of water and threw a piece of bread into the cell. I asked him to 
bring a doctor for I felt that I was going to die. But he laughed at me, stat- 
ing that I was strong enough to hold out, and locked the door again. I could 
not eat the bread that was thrown into my cell that morning, for I felt ter- 
rible pain in my chest and half of my body was almost roasted from contact 
with the hot floor. I remained in the cell up to about 8 o'clock of the night 
of February 8, 1920. The cell was so dark I could not even see my own 
hands. 

At about eight P. M. on the 8th day of February I heard a voice ordering 
me to get out, but I was unable to get up. Two men stepped into the cell, 
lifted me, carried me out of the cell, put my clothes on me, gave me a little 
cold water, washed my face with cold water, took me out in the hall and a 
fresh breeze revived me. After which I was taken back to my cell, where I re- 
mained to the 18th day of March, 1920, when a number of my friends, among 
them also a priest, decided that in order to save my life it is necessary to 
make a collection for bail in the sum of $2,500, which was deposited in Lib- 
erty Bonds, and I was released. 

When I was arrested, the agents of the Department of Justice took a watch, 
a pencil, a memorandum book, a belt and several other things from my 



pocket. They also took an arithmetic, a book on electricity and several other 
text-books. When I was released I asked for my property, but was told that 
nobody knows what became of it. 

PETER MUZEK. 
Witness : 

A. MANKO. 

Sworn to before me this 18th day of May, 1920. 

State of Connecticut, 

County of Fairfield, 

City of Bridgeport: 

Personally appeared Peter Muzek who signed this foregoing instrument to 
be truth before me this ISth day of May, 1920. 

[notabial seal.] JOSEPH KALAFUS, 



Notary Puhlic. 



EXHIBIT Ic. 



State of Connecticut, 

City of Bridgeport, ss: 

ANTON DIMITROFF being duly sworn, says : 

I am 27 years of age and reside at 732 Hallet Street, Bridgeport, Conn. 
Prior to November 7, 1919, I owned a barber shop at the same address. On 
the 7th day of November while in the process of shaving a customer, a few 
plain-clothes men came in and ordered me to follow them. I was compelled to 
leave my customer half shaved and despite my request was forced to go with 
the plain-clothes men without being afforded an opportunity to obtain an over- 
coat or extra clothes and without being permitted to leave the premises in 
secure condition. I landed in the police station on Fairfield Avenue, where 
I was locked in a cell without any food. 

I was confined in the police station for 5 days during which time I was not 
allowed to wash even my hands and face. My assistant who desired to obtain 
instructions as to the care of my barber shop was refused permission to see 
me. 

On the twelfth day of November, about 10 in the morning I was chained 
and taken to the Hartford jail. I remained in a cell in that jail from No- 
vember 12, 1919, to April 7, 1920, a period of almost five months. During the 
greater part of that time my bail was set at ten thousand dollars, a sum which 
I was entirely imable to raise. Shortly before my release the bail was re- 
duced to one thousand dollars, the amount in which I was then released. 

During the five months of my imprisonment I remained in the cell con- 
tinually with nothing to read, with no recreation of any kind. I was per- 
mitted to wash myself every day but was never given more than five minutes 
to do so. I never had time to wipe my face or hands and was hurried back, 
sometimes with the soap still on my head and face. One time I protested and 
asked for an additional minute or two to wipe my face, but received an an- 
swer "Stop barking." In the month of February they permitted me to walk 
for about ten or fifteen minutes a day. During the time of my confinement I 
was permitted to see one visitor, although I know that a woman whom I knew 
came to see me twice and a man came to see me once but was not permitted to 
do so. I was permitted to write four letters. 

About the 6th day of February, 1920, an employee in the jail came and or- 
dered me to carry out the pails from cells. I refused to do that, stating that 
I was a barber and was ready to work at my trade and that I was ready to 
carry out my own pail but that I did not intend to carry out pails for other 
prisoners. I was immediately taken down to the basement and brought into a 
dark room with no windows and no means of ventilation. As far as I could 
judge, the size of the room was approximately 8 feet by 4 feet. The floor was 
of cement and was very hot ; even the walls and the door were hot. I was 
placed in that room at nine o'clock in the morning of February 6, and re- 
mained there until two o'clock in the afternoon of February 8, a total of 
fifty-three hours. The only food that I received while in the cell was one 
glass of water and a small piece of bread twice a day. I suffered intensely 
throughout the period of my confinement in that cell, being forced soon after 



16 

I was placed therein to remove all my clothing and to remain naked on ac- 
coimt of the intense heat. Beginning with the second morning of my confine- 
ment, namely the morning of February 7, I was too weak to stand up and re- 
mained in a reclining position until I was removed from the cell. My com- 
plaints were disregarded until the afternoon of February 8, when my condi- 
tion was such that I was unable to walk as much as ten feet without stop- 
ping several times on account of weakness, dizziness, etc. My left arm and 
left leg felt paralyzed so that I had difficulty in using them, and the pain 
in my right leg was intense. 

I received medical treatment in the jail immediately after my release from 
the cell and soon after my release from jail was forced to obtain medical 
treatment again. For the last three weeks I have been in the hospital, with 
what I am informed is a form of rheumatism of the nerves, an ailment from 
which I have never suffered in my life before. I am confined to my bed at 
frequent intervals and still suffer great pain as a result of my treatment in 
the jail. 

I was forced to sell my barber shop with its entire equipment at a great loss, 
and am now without a place of business, without tools or the means of pur- 
chasing them and in such bad health that I do not know when I shall be able 
to resume my work in any capacity at all. 

ANTON DIMITROFF. 

Witness : 

ALEX. YARSHOFF, 

14S Bond Street, Bridgeport, Conn. 

State of Connecticut, 

County of Fairfield, 

City of Bridgeport: 

Subscribed and sworn to before me this 18th day of May, 1920. 
[notarial seal.] JAMES T. ROURKE, 

Notary Public. 

Note. — The hot cells in which these men and others were punished became 
known as the "Steam Room." A belief grew up among the prisoners that in 
some way steam could be turned on and off at will. We have found no appa- 
ratus for such a purpose, and ascribe the belief (1) to excessive imventilated 
heat which might produce the effect of steam from perspiration, (2) to delirium 
and alternate fever and chills of men so confined for many hours. — see Nakh- 
wat, top p. 13, (3) to the apparent desire of the guards to stimulate the mental 
torture of such a belief, — see Musek, third par., p. 14. 

EXHIBIT 2. 

RAID ON RUSSIAN PEOPLE'S HOUSE. 

On November 7, 1919, the most violent of six raids, by agents of 
the Department of Justice and the New York Bomb Squad, was 
made upon the Russian People's House, 133 East 15th Street, New 
York City, in search of supposed anarchists and anarchistic liter- 
ature. 

The executive committee of the Federated Unions of Russian 
Workers occupied an office in the building, which was confined to 
one room. The other rooms were used principally as educational 
classrooms, except a small restaurant or cafeteria. 

At the time of the raid the Department agents had a few war- 
rants for the arrest of supposed offenders. They went through the 
building and broke up and destroyed most of the furniture in the 
place, including desks and typewriting machines. They "beat up" 
the persons in the place, amounting to several hundred, with black- 
jacks and stair rails; broke up all the classes then in session and 




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herded the students to the stairways, beating them as they went, 
shoving them from the landing on to the stairway so that many 
fell and rolled down the stairs and were trampled upon by those who 
were shoved after them. 

After this raid several hundred prisoners were taken to the office 
of the Department of Justice at 13 Park Row and there put through 
the third degree of inquisition. Less than one-fifth of them were 
held for deportation charges and all the remainder were released to 
go about their business as being innocent of any wrongdoing. 

Many of the persons assaulted suffered serious wounds, and one 
man who was taken to Ellis Island was in a terrible condition. The 
manner in which these acts were committed caused a mass meeting 
of protest to be held the following evening (November 8) at Madi- 
son Square Garden, presided over by Dudley Field Malone. 

All these facts were immediately put before the Attorney General 
in detail, in a respectful letter written to him by Isaac Shorr, of 
the New York bar, on behalf of the persons so arrested. Mr. Shorr 
asked to be informed whether the acts of the Department's agents 
had been committed by the authority of the Department, and, if not, 
that the Department institute an investigation to fix the responsi- 
bility. 

No answer was ever made to this letter, nor was its receipt ac- 
knowledged. 

EXHIBIT 2b. 

City of New York, 

County of New York, 

State of New York, ss: 

MITCHEL LAVROWSKY, being duly sworn deposes and says : I am fifty 
years old ; am married and have two children ; I reside at #999 Southern 
Boulevard, Borough of Bronx, City of New York ; I am a professional teacher 
and was Principal and teacher in a Russian High School known as Iglitsky 
High School for fifteen years in the City of Odessa, Russia ; I declared my in- 
tention to become a citizen of the United States. 

On the 7th day of November, 1919, I conducted a class in Russian at 133 
East 15th Street, in the Borougli of Manhattan, City of New York. At about 
8 :00 o'clock in the evening, while I was teaching algebra and Russian, an 
agent of the Department of Justice opened the door of the school, walked in 
with a revolver in his hands and ordered everybody in the school to step 
aside ; then ordered me to step towards him. I wear eye-glasses and the agent 
of the Department of Justice ordered me to take them off. Then without any 
provocation, struck me on the head and simultaneously two others struck and 
beat me brutally. After I was beaten and without strength to stand on my 
feet, I was thrown down stairs and while I rolled down, other men, I pre- 
sume also agents of the Department of Justice, beat me with pieces of wood 
which I later found out were obtained by breaking the banisters. I sustained 
a fracture of my head, left shoulder, left foot, and right side. Then I was 
ordered to wash myself and was taken, as I now understand, to 13 Park 
Row,* Borough of Manhattan, City of New York, where I was examined by 
various people and released about 12:00 midnight. 

(Signed) M. LAVROWSKY. 

Sworn to before me this 21st day of November, 1919. 

[SEAL.] (Signed) MARKUS ROSENBERG, 

Notary Public. 

N. Y. Co., No. 66, N. Y. Reg. No. 10066. 



♦Offices of the Department of Justice. 



ly 

EXHIBIT 2c. 

City of New York, 

County of New York, 

State of New York, ss: 

NICAOLI MELIKOFF being duly sworn, says: I reside at 342 East 13th 
Street, in the Borough of Manhattan, City of New York ; I was one of the 
students in a class-room at 133 East 15th Street, on the second floor. "While 
the class was in session, a few detectives came in and ordered everybody to 
get up and keep quiet, which everybody obeyed. They then searched everyone 
in the class-room including me. I had Twenty ($20) Dollars in my pocket, 
in addition to other papers. These $20 including the other papers were taken 
from me and I never received the money back. We were then ordered to go 
out of the room. Outside of the class-room there were two detectives standing 
and everyone that passed out of the room was beaten. I was struck on my 
head, and being the last one to go out, was attacked by one detective, who 
knocked me down again, sat on my back, pressing me down to the floor with 
his knee and bending my body back until blood flowed out of my mouth and 
nose. I was then taken to a sink where I was ordered to drink some water 
and was also ordered to wash my face. After this, I was thrown down stairs 
where I fell with my head down to the ground floor, after which I was ar- 
rested and taken to 13 Park Row, where I was questioned and released. 

(Signed) NICAOLI MELIKOFF. 

Sworn to before me this 21st day of November, 1919. 

[SEAL.] (Signed) MARKUS ROSENBERG, 

Notary Public. 

N. Y. Co. No. 66, N. Y. Reg. No. 10003. 

EXHIBIT 2d. 

Copy. 
City of New York, 

County of New York, 

State of New York, ss: 

VARFOLMEY ISCHENKO, being duly sworn, says : I reside at 94 East 7th 
Street, in the Borough of Manhattan, City of New York ; I am 28 years of age. 
On the 7th day of November, 1919, I was in a class where Russian was 
taught ; about 8 :00 o'clock in the evening, while the class was in session, the 
door opened and a few detectives came in, searched everybody, including me, 
after which I was stn;ck on the head with a blackjack, and thrown down- 
stairs, from where I was taken to Park Row, where I was questioned and re- 

(Signed) VARFOLMEY ISCHENKO. 

Sworn to before me this 19th day of November, 1919. 

[SEAL.] (Signed) MARKUS ROSENBERG, 

Notary Puhlic. 
N. Y. Co. No. 66, N. Y. Reg. No. 10003. 

EXHIBIT 2e. 

City of New York, 

County of New York, 

State of New York, ss: 

SEMEON E. KRAVCHUCK, being duly sworn, says, I live at 94 East 7th 
Street, in the Borough of Manhattan, City of New York. I am 31 years old, 
and am married. On the 7th day of November, 1919, I was on my way to 
school at 133 East 15th Street ; that for no reason, I was stopped by some 
unknown person and ordered to go into the building, where I was immediately 



20 

uttacked and brutally beaten, as a result of whicb I received one blow on the 
head, one tooth was knocked out, and was bruised all over my body, after 
which I was taken to the Department of Justice where I was questioned and 
released. 

(Signed) SEMEON E. KRAVCHUCK. 

Sworn to before me this 19th day of November, 1919. 

[SEAL.] (Signed) MARKUS ROSENBERG, 

Notary Public. 
N. Y. Co. No. G6. N. Y. Reg. No. 10003. 



EXHIBIT 2f. 

City of New York, 

County of Neto York, 

State of New York, ss: 

PETER KARAS. being duly sworn, says : I reside at #624 East 11th Street, 
in the Borough of Manhattan, City of New York; on the 7th day of Novem- 
ber, 1919, about 8:00 P. M., I was on 15th Street, between 3rd Avenue and 
Irving Place ; without any notice to me, two men which I afterward found 
out, were agents of the Department of Justice, attacked me, struck me on 
the face, and beat me up otherwise, brutally, after which I was taken to 13 
Park Row, New York City, where I was examined by men whom I do not 
know, and then released. 

(Signed) PETER KARAS. 

Sworn to before me this 19th Day of November, 1919. 

[SEAL.] (Signed) MARKUS ROSENBERG, 

Notary Public. 
N. Y. Co. No. 66, N. Y. Reg. No. 10003. 

Note: To the same general effect is the testimony of man after man ex- 
amined in the deportation proceedings that grew out of the various raids on 
the Russian People's House. 



EXHIBIT 3. 

State of New York, 

County of New York, ss: 

ALBERT DE SILVER, being duly sworn, deposes and says: 
That on the 6th day of January, 1920, I was informed that a 
raid was in progress at the office of ''Novy Mir," a Russian news- 
paper, then published at No. 113 East 10th Street, New York City. 
Upon receiving this information, I at once went to said premises oc- 
cupied by the Novy Mir, and when I arrived found a police patrol 
drawn up outside, into which a number of police officers and a num- 
ber of men in plain clothes were carrying boxes, filled with books 
and papers. I recognized and spoke to Mr. Mortimer R. Davis, 
special agent of the Bureau of Investigations of the United States De- 
partment of Justice, who seemed to be in charge. I inquired of Mr. 
Davis, with whom I was acquainted, whether I might go inside, and 
he said that he didn't care but that I might get hit over the head if I 
did. When the patrol wagon had left I went in and knocked on the 
door of the front room, first floor. The premises were in charge of 
one uniformed policeman who admitted me to the first floor which 



21 

had formerly been occupied as the editorial offices of the paper. 
The two rooms on that floor were in great confusion, the floors being 
entirely covered with torn books and papers, some of them in Rus- 
sian and some of them in English. Many books had been destroyed 
by being ripped down the back. I saw among them a number of 
recent books on Russian conditions such as are sold in all book 
stores and including ''The Red Heart of Russia" by Bessie Beattie, 
"Ten Days That Shook the World" by John Reed and others. 
Pieces of broken typewriters were mixed up in the wreckage; two 
desks had been drawn across the front windows so as to block the 
view from the outside ; other desks and tables were upset and the con- 
tents removed and torn, the drawers lying about the room, and in 
some cases their panels and drawers smashed. 

(Sgd.) ALBERT DE SILVER. 

Sworn to before me this 28th day of April, 1920. 

J. W. MIDDLEBROOK, 

Notary Public, New York County. 



N. Y. Co. Clk.'s No. 142, N. Y. Reg. No. 2202. 
My commission expires March 30, 1922. 



EXHIBIT 4. 

SALSEDO AND ELI A CASES. 

At about 4 A. M. on the morning of Monday. May 3rd, Andrea 
Salsedo jumped or fell from the 14th story window of the Depart- 
ment of Justice in the Park Row building. New York City, where he 
had been secretly confined for about eight weeks. 

His death makes it impossible to ascertain all the facts in the 
cases of himself and Roberto Elia, who was confined with him. 
The main facts so far known are as follows : 

At the request of the Department of Justice, a deportation warrant 
was issued by the Department of Labor against Elia on February 
26, and a similar warrant against Salsedo on March 10, 1920. These 
warrants were in the usual form, commanding that the men be taken 
into the custody of the Department of Labor. Some time before 
March 10, both men were arrested by the Department of Justice, 
and were thenceforth secretly confined together, without hearing 
of any kind and without the knowledge of the Department of Labor, 
by the Department of Justice, in its offices on the 14th floor of the 
Park Row Building. Two days after Salsedo fell to his death on 
May 3rd, Elia was given up by the Department of Justice to the De- 
partment of Labor and transferred to Ellis Island. 

The history of all that may have happened to the men during the 
eight weeks of their secret confinement will never be known. It 
is claimed by the Department of Justice that they had turned State's 
evidence and were confined at their own desire for their own protec- 
tion. 



22 

The foregoing statement rests upon information given by Waller 
Nelles of the New York Bar, now retained as counsel for Elia in his 
deportation proceedings, upon the main facts agreed upon in the 
various newspaper accounts, and upon evidence given by Assistant 
Secretary Louis F. Post before the Rules Committee of the House 
of Representatives. 

EXHIBIT 5. 

JAILING RADICALS IN DETROIT. 

By Frederick R. Barkley. 

(The Nation, N. Y., Jan 31, 1920, and April 10, 1920.) 

On January 2 Arthur L. Barkey, chief agent of the Department 
of Justice in Detroit, received an order from Attorney General Pal- 
mer instructing Mr. Barkey, according to his own statement, to 
raid the headquarters of a group of interdicted organizations, prin- 
cipally the Communist party, "as long as they continue to meet," 
in a ''supreme effort to break the back of radicalism" in Detroit. 
As a result, eight hundred men were imprisoned for from three to 
six days in a dark, windowless, narrow corridor running around the 
big central areaway of the city's antiquated Federal Building; they 
slept on the bare stone floor at night. * * * They were com- 
pelled to stand in long lines for access to the solitary drinking foun- 
tain and the one toilet; they were denied all food for twenty hours, 
and after that were fed on what their families brought in ; and they 
were refused all communication with relatives or with attorneys. 
These eight hundred men, so closely packed that they had to step 
over one another's bodies to move about at all, included in their 
number citizens and aliens, college graduates and laborers, skilled 
mechanics making $15 a day and boys not yet out of short trousers. 
They were seized without warrant while attending dances and classes 
in physical geography and similar subjects; * * * 

The raiders held altogether, it would appear from tabulations of 
releases made from time to time, more than 350 American citizens, 
or aliens who could prove conclusively, in the Department's secret ex- 
aminations, that they had not even a "cursory interest in radicalism." 
For from three to six days they held these men and boys in this 
temporary prison, and then began to transfer them to precinct police 
stations and to the "bull pen" in the Municipal Building. * * * 

From 130 to 140 men were herded into the police "bull pen," a 
room built to hold petty offenders for not more than three or four 
hours, a one-window cellar room, twenty-four by thirty feet in size, 
with no place to rest but wooden benches and a stone floor. For 
seven days these men were held here, sleeping on the floor, fed 
largely by the contributions from relatives handed through the 
single grated door. * * * 

Today, January 19, the 300 men left of the 800 seized are housed 
in an old army fort here. In addition, about 140 are out on bond. 
Warrants for holding these 440 arrived from Washington on Jan- 
uarj^ 12, ten days after the raids. 



.23 

Detroit, March 2S. 

Three months after their arrest in mass raids conducted by the 
Department of Justice, 150 Detroit aHens are still held in an old 
army fort in this city, with no information available from Immiora- 
tion Bureau officials, who are in charge of them, concerning when 
or whether they will be deported or freed. 

Four hundred and fifty aliens have been confined in this old fort 
since they were removed there on January 13 from temporary 
prisons. * * * Qf these 450, in round numbers — the Immi- 
gration Bureau seems to have no exact figures available — 66 have 
been released for lack of evidence. 120 have been ordered deported, 
and decisions on the rest are still awaited from Washington. Of 
the 384 whose cases have not yet been passed on or who have been 
ordered deported, approximately 240 are out on bail. The rest are 
held at the fort. * * * 

Three weeks ago the 220 men then held sent out an open letter 
in which they pleaded to be deported immediately with their wives 
and children. * * * 

''The food we get is foul," this letter continues, "and we are 
kept in cold cells, almost without light. * * * The prison guards 
treat us brutally, inhumanely. * * * Q^r helplessness is being 
exploited by these guards. We are permitted to be taken under 
guard to stores to make some purchases in preparation for our de- 
portation, and for these privilegese they expect from us bribes." 
* * * 

In the meantime the dependents of many are in a state of appre- 
hension and uncertainty, cared for by a charitable agency which 
came to their aid only when a committee of prominent Detroit club- 
women had brought their plight to public attention, six weeks after 
their supporters had been arrested. * * * 

EXHIBIT 5a. 

State of Michigan, 

County of Wayne, ss: 

Alexander Bukov^^etsky, being duly sworn according to law, de- 
poses and says : 

On November 8, 1919, I was arrested while attending a concert 
given by the Union of Paissian Workers at the Social Turner Hall, 
and with thirteen other men was taken to Hunt Street Station. 

We were put in cells for ten days, the only food we had being 
two slices of bread a day, and water. We slept two on a bench, 
made of wood and about li" wide, without blankets, mattresses or 
pillows. During our confinement we were not allowed to get into 
communication with any of our relatives, or friends, — they knew 
nothing of our whereabouts. 

At the end of ten days we were taken to the Department of Jus- 
tice, where we were roughly handled and beaten. Then we were 
sent to the Wayne County Jail. This was about November 17 or 
18, 1919. We remained here until about January 21, 1920. Here 
we were allowed to receive our relatives and were given fairly good 
treatment. When we were brought before Jailer Brooks for the 
first time, he refused to take us in because he stated there was no 
room. Inspector Dowig suggested our sleeping on the floor but there 



24 

hardly seemed room enough for this. After this suggestion he told 
Jailer Brooks that we could stand. We were finally accepted. Then 
we were compelled to sleep on the floor for over two months. A 
ward was able to hold 23 people, however, at times there were over 
one hundred. 

At the Wayne County Jail our friends and relatives were also 
allowed to bring us food. 

On January 11, 1920, 33 men were sent to Ellis Island to await 
deportation. ^Five of us were sent to Fort Wayne where there were 
250 Communists. Treatment here was very bad, especially by 
Sgts. Taylor and Ross, and other guards. The food was very poor 
and at times insufficie'nt to care for from ten to forty men. When- 
ever we made complaints to the guards we were insulted and brutally 
treated. 

During our stay at Fort Wayne some of us were given permission 
to go downtown to buy things for our deportation to Russia, — we of 
course were accompanied by guards and were informed that we 
were not to pay these guards for taking us. However, it is gen- 
erally known that the guards compelled the men to pay them under 
threat of punishment when they returned to the Barracks. They 
accepted money and presents. Many things were purchased for Sgt. 
Taylor under threat by him, — for instance one man by the name 
of Morovitz and one other, whose name I can not remember, were 
made to buy Sgt. Taylor a gold ring costing $7.50, and some other 
men were compelled to buy him a suit of clothes, and many other 
things. In the instance of one Mr. Zaitscf he was told by Sgt. Ross 
that he would have to give $4.00 before he could go home, although 
the guard who was to take Zaitsch home stated that he did not want 
the money and that he knew these men needed all they had, but 
Ross insisted that the money be paid the guard and so it was. 
Another man gave Ross $8.00 in order that he could go down town. 
Ross was also given many presents. 

After some time elapsed I requested the privilege of interviewing 
Dr. Prentis, Inspector of Immigration. Sgt. Ross told me that if 
we stayed there fifteen years and he was there that length of time 
he would never allow m'^e to see Dr. Prentis. However, Dr. Prentis 
came to Fort Wayne and I got to talk with him. I explained every- 
thing as above relating to him the terrible treatment we had been 
receiving, the poor food they had been giving us, which was at times 
insufficient to care for all of us and the bribery that was taking place, 
and he promised to see that things were better. 

Conditions changed for about one week and we were relieved. 
However, very suddenly the old trouble started again. Visiting 
periods were limited to ten minutes and at times our relatives and 
friends were made to stand outside of the gate for half an hour and 
sometimes an hour at a time in the cold before they were allowed to 
enter; sometimes, frequently, I should say, they were turned away 
after waiting nearh'- an hour, with the remark that they could not 
see any one. 

After Dr. Prentis' visit I was threatened with solitary confine- 
ment: was roughly handled and insulted by guards and those in 
charge. Conditions continued to grow worse until we could stand 
it no longer and we requested some relief, only to be further 
threatened Avith punishment of one form or another. I sent a letter 



25 

to Dr. Prentis, finally, and this was forwarded to Inspector Bron- 
dick, who was instructed by Dr. Prentis, to investigate conditions 
as represented in my letter. He arrived at Fort Wayne. The first 
time he visited us he succeeded in showing us that he was helping 
us. Then for another week conditions were good until he gained 
our confidence. Right after this the oppression started again and 
it was as bad if not worse than before. We begged to be deported 
when we thought we could not stand it any longer, but our demands 
were only laughed at. At this time we again wrote a note to Insp. 
Brondick asking him to come in. When he came around he picked 
up the note, read it, dismissed us (we went away very quietly), then 
tore the note in many pieces and instead of giving us an answer in- 
sulted us by unspeakable words ; then went on into the barracks where 
another plea was waiting for him. He did the same thing with this 
note, — tore it to pieces. He also instructed his guard to point a pistol 
at the head of August Harriman, for no. reason at all. We had sim- 
ply asked not to be insulted and to be treated as though we were 
human. 

The next day we were not allowed to see any one and our com- 
plaints were not acknowledged. We then went on a hunger strike 
to enforce our pleas. This lasted for two days. After that time 
nine men were taken to Pontiac jail. We remained there for a 
period of nine days. The Sheriff at this institution repeatedly 
came into the jail with his gun, calling us names, particularly call- 
ing me a ''Red" and a "Bolshevic," and stating that he would kill 
us. For two days were not allowed to see our relatives and when 
they were admitted they were only allowed three minutes. They 
came with a permit from Dr. Prentis. When these people were al- 
lowed to come in they were grabbed by the arms and roughly 
handled and pushed about. One woman was pushed and she fell 
to the floor, after which it was necessary to call a Doctor. 

We were then taken back to Detroit by Sgt. Ross and Insp. Bron- 
dick. 

When we were sent to Pontiac they rifled our pockets and took all 
our personal property including money, refusing at the time to give 
us a receipt. When we were taken back to Detroit some of our 
things were returned, however, one Mr. Kosakoff was short $16.50 ; 
Mr. Anotski $7.40, Mr. Miller $1.25, and among other things two 
fountain pens were missing. When this was reported no attention 
or record was made of it. Our bags were sent to the Detroit Immi- 
gration Ser\'ice Station, and we were taken back to Fort Wayne, 
When we were taken back we decided not to talk to any of the guards 
or officials so that they could have no cause for complaint and that 
we might at least be left alone. 

The following day my wife came with my two children, Violet, 
age 12, and Robert, age 4, with a permit from Dr. Prentis to see me. 
They allowed them to come into the office. The guard was sent 
after me to see my family. As soon as I came to the doors of the 
office, Sgt. Ross who had been standing there with his hands in his 
pocket and his arms stretched across the front of the door, pushed 
me back out of the door. With surprise I asked him ''What is the 
matter, I was called by Guardman and when I come you push me 
out." At the same time my wife and children were pulled out of 



20 

the room by their arms. I did not have a chance to say one word 
to them. They were pulled into the hall by Sgt. Mitchell and then 
he brought my wife close to me and hit her wiih his fist both on her 
back and over her breast. My wife and children began to cry, and 
I asked Sgt. Mitchell what he was trying to do, if he was trying to 
provoke me so that I would start to fight. Instead of answering me 
he struck her several times more and made her fall to the floor. 
With that he grabbed a shot gun and at the same time Ross took a 
club and then one other guardman, Clark, came in and he too with 
• the butt of his pistol struck me over the head. I fell to the floor 
with three holes in my head, — I fell with blood streaming all over 
my body. 

My little girl Violet, saw this and ran over to the guardman and 
with her hand smoothed his face crying 'Tlease don't hurt my 
father and mother," but with all this, seeing the blood on the floor 
from my head and my wife and children crying they paid no atten- 
tion to us. 

I thought they would kill me so I called "Comrades, help me," 
they were upstairs but no one came to help as they could not come 
down, but at the same time by order of Insp. Brondick they started 
to shoot at the crowd upstairs without cause and shot one man by 
the name of Zuba, in the leg, and he is at present in the Receiving 
Hospital. 

I finally got up and ran, breaking through the guards and run- 
ning into the Barracks. They tried to send me to the hospital but 
1 did not want to go as I thought Dr. Prentis would come in at a 
time like this. Finally he did come and I asked to have him come 
to see me, refusing to take medical aid until he came. However, 
right after this Dr. Prentis called me to the office at the Barracks. 
He sent a guardman after me, but as I did not know what he wanted 
I refused to go, thinking they w^re going to beat me again. I again 
asked that Dr. Prentis come to the Barracks as he did at other times, 
to see me, but he did not come. One man then cut off my hair and 
bandaged my wounds. 

At five o'clock they called a patrol and took me with another man 
by the name of Harriman to the Wayne County Jail. 

All of the above trouble started because I told Dr. Prentis the 
truth, of the briberies going on at Fort Wayne, and the poor treat- 
ment we had received. 

All suit cases and hand bags were sent here, but most of the things 
were missing from the bags. From my hand bag I missed a safety 
razor, shoes valued at $12.00, handkerchiefs, and many other things. 

Mr. Harriman's bag had been broken into, the lock removed and 
things stolen from it. When he reported this to Dr. Prentis some 
of the things were returned, but not all of his things. 

The following day the papers had it that we tried to escape, which 
was untrue. No one wanted to escape, all we asked was fair treat- 
ment and to be deported as soon as possible. But this request was 
not .granted and we had to stand all of the brutality they wished 
to bestow upon us. 

They said too that Mr. Harriman had helped me, — but this was 
not true as he was in another barracks, and he did not even know 



27 

that we were having trouble in our barracks, until they came and 
took him with me to the Wayne County Jail. 

I am satisfied with the treatment I am receiving here as they are 
good to me. The food I do not eat as my friends bring whatever 
they can. I have a good place to sleep and can have my friends 
and relatives come to see me. 

At the time my wife was notified to get ready to be deported to 
Russia she had two days in which time to dispose of all our things, 
among which was a new sewing machine. If she could only have 
had this she could have made things to sell and would not have had 
to go to friends and ask them to help her and keep her from the 
cold and from starving to death with my children. But this was 
also sold and there was nothing to do but wait. She is now staying 
with kind friends who have given her a bed and are keeping her and 
my children warm. For two months however, she was compelled 
to sleep on the floor on a mattress, because the friends with whom 
she could stay had no other room. 

When I came to America I came with the thought that I was 
coming to a free country, — a place of freedom and happiness, and 
I was anxious to come, — to get away from the Czaristic form of 
Government. As much as I was anxious to come here to America 
I am a hundred times more anxious to run away from Americanism 
to return to Soviet Russia, where I will at least be able to live. 

For six months I have been confined in jail, the Government re- 
lusing to either deport or release me together with my wife and chil- 
dren. They have been left, during this time, without means of sup- 
port. Had it not been for the kindness of the poor, who are our 
friends, our women and children would have perished. 

The Government has decided that we are to be deported. We ask 
only that this sentence be carried out that we with our families be 
deported to Soviet Russia, and that this cruel and inhuman policy 
of keeping men for six months in jail under sentence of deporta- 
tion, refusing to either deport or release us, and leaving our fam- 
ilies to starve, be ended. We ask only of you that you carry out the 
sentence which you yourself have decreed, — that we be deported im- 
mediatelv with our families to Soviet, Russia. 

I ask this in the name of Justice. 

And further deponent says not. 

(Signed) ALEXANDER BUKOWETSKY. 

Subscribed and sworn to before me this third dav of April, A. D. 
1920. 

(Signed) S, E. GRAMER, 

Notary Public. 

My commission expires in the County of Wayne, State of Michi- 
gan, August 4, 1923. 

EXHIBIT 5b. 

My name is Violet Bukowetsky. I am twelve years old, and live 
at 73 Greeley St., Detroit, Mich. 

Thursday afternoon, March 18th, my mother, my brother and I 
went down to Fort Wayne to see my father. We went to the office 



28 

and sat down on the bench. Brondyke too took the pass and said 
"Did you come here to make trouble again?" My mother said, 
"Why no I just came to see my husband." Brondyke said, "If you 
talk back like that here is your pass, get out, "My mother said, "I 
won't get out until I see my husband." Then Brondyke started to 
push my mother out, and he punched her in the back. One of the 
guards called my father in the hall. When my father came in, one 
of the guards hit my mother in the chest with a riot gun, which 
knocked her breath out. Then my father jumped in front of my 
mother and said, "You have no right to hit my wife like that." 
When he said that, they started to hit him with sticks and guns, 
and whatever they had. My mother got frightened and started to 
holler, and Rouse hit my father on the head with a stick. He 
called to the comrades to come and help him, but they could not 
come down. After awhile someone else hit my father on the head 
with a stick again and he fell down. One of the guards shot three 
times in the crowd, and shot Zu Zubka in the knee with a bullet. 
And after that they chased us out. 

We went to Dr. Prentiss and my mother could not say anything 
to Dr. Prentiss, and one of the ladies, Mrs. Mazeika, who had been 
out to Fort Wayne at the time we were there told Dr. Prentiss all 
about it. Dr. Prentiss said that he would see about it. Then a 
doctor was called for my mother and he said her nerves were all 
broken down. Then we went home and she was sick in bed, has 
been sick in bed ever since. 

The next day, March 19th, I went to the County Jail to see my 
father and he had three holes in his head and his face was swollen 
and he was hurt in the neck. Then I Avent home and told my 
mother, about it. She was glad to hear that he was living, as she 
thought that he would be dead. 

(Signed) • VIOLET BUKOWETSKY. 

Subscribed and sw^orn to before me this 3rd day of April, 1920. 

(Signed) S. E. GRAMER, 

Notary Public, Wayne Co., Mich. 

My com. expires Augu. 14, 1923. 

EXHIBIT 5c. 

STATEMENT AS TO FOREGOING AFFIDAVITS. 

The statements in Bukowetsky's affidavit are also vouched for by 
two representative women of Detroit who have investigated the de- 
portation situation there. Miss Agnes Inglis says {Msiy 5) : 

"Everything be said was true and more. I didn't see all that 
happened that he told about in his affidavit. But I saw Zuba's 
shot leg and Bukowetsky's head, and I know what the guards at 
the fort are like * * * and have heard and seen the way the 
visitors were treated, hardly getting in when they had to leave. 
I could stay in as long as I liked, acting as a sort of lawyer, but 
after coming long distances and even from out of town, I have 



29 

seen women put out after being in only a few minutes. The 
guards are anything, hut the kind of men they ought to be. One 
doesn't naturally think highly of county jails, but we have come 
to think of the one here with almost affection because it is so 
much better than the fort. One has no fear of cruelty at the 
jail. One senses terror at the fort. 

"Dr. Prentis told me yesterday that Bukowetsky could go out 
without promising anything or signing anything. All he will be 
obliged to say is that either he or his wife will report his ad- 
dress once a month so they can be notified when it comes time 
for them to be deported. * * * The 146 men yet at the fort 
have refused parole. They say Deport or Release. Bukowetsky 
says so, too." 

Mrs. Louis Danziger says : 

"I believe the ^ory of Bukowetsky is true. He has told it to 
me twice and to others as many times — and always the same. 
Bukowetsky came to America in 1907, with his wife and infant 
babe, — Violet; the boy Robert was born here. Dr. Prentis, Im- 
migration Officer in Chicago, offered Bukowetsky a release — on 
condition that he will report to him either in person or in writing 
once in two or three weeks. Mr. Bukowetsky will not accept 
release in this manner — either absolute release or deportation is 
his stand." 

Note: All of the foregoing evidence as to Detroit is generally corroborated by 
the statement of Solomon G. Paperno, a Detroit lawyer who represented fifty 
or more of the aliens arrested. 

EXHIBIT 6. 

CASE OF JULIA PRATT (re provocative agents). 

Miss Julia Pratt was a teacher of drawing in the public schools of 
Buffalo. In January, 1920 she was suspended by the Board of Edu- 
cation, and hearings were had before the Board on January 27, and 
March 16. At the first hearing one Herman Bernhard appeared as 
witness against Miss Pratt, and testified that he was a secret agent of 
the Department of Justice; that as such agent he had joined the 
Communist Party, Buffalo branch, and became Recording Secretary 
of the branch. He produced the books which he kept as Secretary 
of the organization and identified the enrollment of Miss Pratt as a 
member of the Party, and the dates on which she paid her dues. 
He also testified to other alleged activities of Miss Pratt. 

Miss Pratt was dismissed by the Board of Education and her con- 
tract with the city cancelled on April 19, 1920 on the ground of her 
membership in the Communist Party. 

A statement made by Miss Pratt April 21, 1920, contains the 
following : 

"On July 18, 1919, Miss Harris invited me to her home to meet 
some 'interesting intellectual friends of hers,' as she put it. 
I went out to Kenmore. Herman Bernhard came in with two 
women friends of his. He constantly injected overdrawn state- 
ments against the Government into the conversation, and outlined 
in glowing terms the work the Communist Party would perform 
in emancipating the oppressed and exploited. * * * Bernhard 
later came to my house with others of the same group, ate at my 
table and I played the harp for him. It is on the testimony of 
this agent provocateur that the Board has dismissed me." 



30 

EXHIBIT 7. 
CASE OF HENRY PETZOLD (re provocative agents). 

Henry Petzold, a member of the Communist Labor Party, was 
convicted before Justice McCarthy in the Hudson County, N. J., 
Court, in March, 1920, for an alleged infringement of the New 
Jersey statute which prohibits ''inciting * * * qj. encouraging 
hostility or opposition to the government of the United States or of 
the State of New Jersey." Evidence against him was given by two 
under-cover agents of the Department of Justice. One of them w^as 
Herman Bernhard, who also gave evidence in the Julia Pratt case, 
Exhibit 6, and who testified in the Petzold case that he had been 
assigned by the Department of Justice to watch the radical move- 
ment; became a member of the Communist Party and rose to the 
position of Recording Secretary of Local Buffalo, that he traveled 
to other cities as well and had the confidence of radicals in Rochester, 
Detroit, and other places. It further appeared from Bernhard's 
testimony that he joined the Socialist Party before the Communist 
Party was organized. He probably, therefore, belonged to the "Left 
Wing" and joined in the organization of the Communist Party as a 
whole at its first convention. 

The second government witness, one Cummerow, testified that at 
the instructions of the Department of Justice he attended the Com- 
munist Labor Party Convention held in Chicago from August 30th 
to Septemlber 5th and took a complete memorandum of the proceed- 
ings. Petzold, he testified, was a delegate to the Convention and a 
member of the Constitution Committee. 

Judge McCarthy sentenced Petzold to be imprisoned for a term 
of 3 to 10 years, and then suspended sentence because of his previous 
record of good character. 

EXHIBIT 8. 

UNDER-COVER PRIVATE INFORMANTS. 

In Western Pennsylvania and West Virginia at least, the follow- 
ing practices exist: 

1. Under-cover informants employed by private detective agencies, 
which in turn are employed by the steel and coal companies, supply 
to those detective agencies, and through them to the companies and 
to the Department of Justice, information concerning members of 
labor organizations. 

2. Arrests are frequently made upon the unsupported statements 
of these under-cover private informants; these arrests are made by 
local police without warrant and reported to the Department of Jus- 
tice, which sends its investigator to go through the men arrested and 
ascertain if there are any extreme radicals among them; and then 
sets the machinery of the Department of Labor in motion for their 
deportation. 

In other words, the steel and coal companies use the local and 
Federal governments to harass and get rid of "troublesome" workers. 



31 

The foregoing statements rest upon evidence of witnesses (both 
Immigration officials and officers of ''labor detective agencies") ex- 
amined before a commission sent by the Interchurch World Move- 
ment to investigate and report upon the Steel Strike. 

Along this line, there is a case in the files of the Labor Department 
in Washington in which an under-cover informant of a private de- 
tective agency operating in Youngstown, Ohio, became secretary 
of a branch of the Communist Party, was subsequently used by the 
Department of Justice, was himself taken up in a raid with other 
persons, was given assurances by the Department of Justice that if 
deported he would be allowed to return to this country, finally lost 
his nerve and testified to these facts at his deportation hearing, 
and is now in the custody of the Department of Labor pending the 
determination of his case. 

EXHIBIT 9. 

IN THE MATTER OF GASPARE CANNONE. 

State of New York, 

County of Neiv York, ss: 

WALTER NELLES, being duly sworn, says: 

I am attorney for Gaspare Cannone. He was taken to Ellis 
Island on April 2, 1920, under a deportation warrant issued April 
1 at the instance of Special Agents of the Department of Justice. 
Hearings were held at Ellis Island on April 14 and 15, and his case 
now awaits the decision of the Secretary of Labor. 

The following is the substance of Cannone's sworn statements: 
He was seized at his home in Brooklyn by agents of the Department 
of Justice about noon on March 30, 1920, without charge or warrant, 
and taken to the office of the Department of Justice in the Park Row 
Building, New York City. There he was beaten and kicked by a 
handsome agent in a blue-striped silk shirt, in the presence of three 
other agents (one — Faulhaber — a stenographer, and one, — Pal- 
mera, — an Italian interpreter), who proceeded to interrogate him. 
They tried to get him to furnish evidence implicating persons 
named John Berry, Recchi, and Valdinoce (all entirely unknown 
to him) in the Washington bomb explosions of last year (of which 
he knew nothing). They continually beset him to "Tell the truth," 
''stop lying," "come across," — and then, when he gave truthful an- 
swers to their questions, they called him a "damned liar," a "son 
of a bitch," and many other things of which the opprobrious mean- 
ing was clear, but which he knew too little English to understand 
exactly. He was told that they would be easy with him if he said 
what they wanted him to. Failing to get anything from him, they 
told him he would be deported. 

He was held by the Department of Justice, and denied communi- 
cation ivith anyone outside, from noon on March 30 to noon on 
April 2, when he was taken to Ellis Island. Each night he was 
taken to Police Headquarters and locked up in a bare cell without 
blankets or covering. He was given five meals in the four days. 

On his last appearance in the Park Row office, Exhibit B, (a pho- 
tograph of which is hereto annexed) was put before him! and he- 



32 

was told to sign. Ho refused, because it was not a correct record of 
what he had said. Of the inherent likelihood that any free man in 
his senses would sign such a document, nothing need be said. 

A forged signature of "Gaspare Cannone" luas subscribed to Ex- 
hibit B. Agent Palmera swore, at the hearing at Ellis Island on 
April 14, 1920. that he had seen this "signature" written by Can- 
none. Comparison is invited between the photograph of this for- 
gery and the photographs of Cannone's genuine signature; Can- 
none made the ten signatures (Exhibit F) at the hearing on April 
15th; he had previously, on his arrival at Ellis Island two weeks 
earlier, made the other genuine signature (Exhibit G) in answer to 
the Inspector's question: "What is the correct spelling of your 
name?" 

From his beating on March 30th Cannone retained for upwards 
of two wrecks a conspicuous "black eye." Record of this was pre- 
served in a photograph of him made for the Department of Jus- 
tice at Police Headquarters on March 31, 1920. When I examined 
the Inspector's file relative to Cannone at Ellis Island on April 14th, 
I found in it four prints of this photograph, which I put in evidence 
at the hearing as Exhibit D. Annexed hereto is a photograph of this 
Exhibit. 

The whole evidence against Cannone was Exhibit B. Advised 
at the outset of the hearing on April 14th that I would claim to 
have the deportation warrant vacated by reason of the criminal prac- 
tices of the Department of Justice on March 30th and 31st in creating 
the alleged "evidence," Department of Justice Agents Faulhaber 
and Palmera, who testified on April 14th, determined to set up an 
alibi for themselves as to March 30th and 31st, and to deny, not 
that Cannone had been beaten at the Department of Justice, but that 
he had been beaten in their presence. They accordingly insisted 
that they had never seen Cannone until April 1, after his arrest 
under the deportation warrant issued on that date, and that it was 
on that date, and not before, that he made in their presence, the 
statements attributed to him in Exhibit B. They overlooked, or 
perhaps were unaAvare of the existence of a written statement from 
their own office fixing the date of Exhibit B as March 30th — the day 
upon which Cannone says he was beaten in their presence. In the 
Inspector's file, attached to Exhibit B, I found what the Inspector 
stated was the letter of transmittal of Exhibit B from the Depart- 
ment of Justice to Ellis Island. It is as follows : 

"Department of Justice. 

Bureau of Investigation. 

Post Office Box 241. 
C. J. S.— J. W. D. City Hall Station, 

New York, April 1, 1920. 

Byron H. Ulil, Esq., Acting Commissioner of Immigration, Ellis Island, New 
York. 

Attention Mr. Schell. 

Dear Sir: Attached herewith please find a copy of part of the testimony 
of Gaspare Cannone, which testimony was taken at the office of Bureau ON 
THE AFTERNOON OF MARCH 30th. 
Very truly yours, 
(Signed) GEORGE F. LAMB, 

Division Superintendent." 




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36 

I offered this letter in evidence, and it was received and marked 
Exhibit H. 

A few days after the hearing I saw the Inspector. He told me 
that this letter, with two others of less importance which had also 
been received, and his own statement as to its receipt in due course 
together with Exhibit B, were no longer part of the officiaJ record. 

"1 CUT THEM OUT," said the Inspector. 

I had fortunately, however, made a long-hand copy of the letter 
in my note-book during the hearing. * * * 

On April 14th, in the presence of Agents FauUini . ; and Palmera, 
Cannone had testified at some length as to his bcati.ij^ at the l-)epart- 
ment of Justice and his treatment under detentior.. On April 15th 
he continued his testimony upon the same subject for upwards of 
half an hour. The Inspector suddenly interrupted with the state- 
ment that he was going to "cut all this out of the record." After 
discussion with me, he sent for Chief Inspector Augustus P. Schell, 
to whom the Inspector and I explained the situation. Inspector 
Schell, after seeking to dissuade me from pressing the claim of crim- 
inal creation of evidence against agents of the Department of Jus- 
tice — ''a department of the Government" — instructed the Inspector 
not to permit me to proceed unless the agents of the Department of 
Justice were present; to adjourn the hearing if necessary, and to 
cancel Cannone's bail "if he thought he would not appear." 

The Inspector construed these instructions as requiring me to pro- 
cure by subpoena (under the Rules, obtainable only by my filing a 
written statement of intention to prove material facts by the persons 
for whom subpoena is asked) the attendance of the agents of the 
Department of Justice. I explained that I would not offer agents 
of the Department of Justice as credible witnesses, and that my pur- 
pose in requesting the attendance of Agent Scully had not been to 
call him as a witness on behalf of Cannone, but to give Cannone op- 
portunity to say whether or not Agent Scully was one of the persons 
guilty of criminal practices. I then offered to proceed to prove my 
case by the testimony of Cannone. 

"Well, you've got to furnish proof," said the Inspector. "You can't prove 
anything by this man" (indicating Cannone). "This man is not a witness. 
HE IS THE ALIEN." 

He ruled that no further testimony could be received as to the con- 
duct of the agents of the Department of Justice, and struck out most 
of the testimony which Cannone had given — not in the ordinary 
juridical sense of "striking out"; Cannone's testimony was literally 
and bodily eliminated. * * * 

(Signed) WALTER NELLES, 

138 West 13th Street, New York. 

Subscribed and sworn to before me this 28th day of April, 1920. 

ALBERT D. SILVER, 

Notary Public, Kings Co. 
Cert, filed N. Y. Co. #359. 



37 



EXHIBIT 10. 

EXTRACTS FROM CONFIDENTIAL INSTRUCTIONS 

AUGUST 12, 1919. 

Department of Justice, 
Bureau of Investigation, 
Washington, Aug. 12, 1919. 

To all Special Agents and Employees: 

The bureau requires a vigorous and comprehensive investigation 
of anarchistic and similar classes, Bolshevism, and kindred agita- 
tions advocating change in the present form of government by force 
or violence, the promotion of sedition and revolution, bomb throw- 
ing, and similar activities. In the present state of the Federal law 
this investigation should be particularly directed to persons not 
citizens of the United States, with a view of obtaining deportation 
<3ases. * * * 

(4) In the investigation of all cases agents will report the evidence 
in form required by this bureau. In making daily or partial reports 
all information of every nature, whether hearsay or otherwise, shall 
be included. Inasmuch as gossip or said hearsay evidence is of no 
value in making technical proof, agents are hereby instructed to 
trace every piece of information to its source. * * * 

(16) Special agents will constantly keep in mind the necessity 
of preserving the cover of our confidential informants, and in no 
case shall they rely upon the testimony of such cover informants 
during deportation proceedings. 

W. J. FLYNN, 
Director, Bureau of Investigation. 



EXHIBIT 11. 

CONFIDENTIAL INSTRUCTIONS, DEC. 27, 1919. 

"Department of Justice. 

Bureau of Investigation. 

Washington, December 27, 1919. 
Strictly Confidential. 

Geo. E. Kelleher, Esq., 

Box 3185, Boston, Mass. 

Dear Sir : 

I have already transmitted to you two briefs prepared in this de- 
partment upon the COMMUNIST PARTY OF AMERICA and 
the COMMUNIST LABOR PARTY with instructions that these 



38 

briefs be carefully examined and studied fur the purpose of familiar- 
izing yourself and the agents under your direction with the prin- 
ciples and tactics of these two respective organizations. 

You have submitted to me affidavits upon various individuals 
connected with these respective organizations, stating that these 
persons are aliens and member of the organizations referred to. I 
have transmitted to the Commissioner General of Immigration the 
affidavits submitted by you with the request that warrants of arrest 
be issued at once. This action is now being taken by the Bureau 
of Immigration and warrants of arrest are being prepared and will 
shortly be forwarded to the immigration inspector of your district. 
Briefly the arrangements which have been made are that the war- 
rants will be forwarded to the immigration inspector who will at 
once communicate with you and advise you of the names of the 
persons for whom he has received warrants. You should then place 
under surveillance, where practicable, the persons mentioned and 
at the appointed time you will be advised by me by wire when to 
take into custody all persons for whom warrants have been issued. 

At the time of the apprehension of these persons every effort 
should be made by you to definitelv establish the fact that the persons 
arrested are members of either" the COMMUNIST PARTY of 
America or the COMMUNIST LABOR PARTY. I have been re- 
liably informed that instructions have been issued from the head- 
quarters of each of these organizations to their members that they 
are to refuse to answer any questions put to them by any Federal 
officers and are to destroy all evidence of membership or affiliation 
with their respective organizations. It is, therefore, of the utmost im- 
portance that you at once make every effort to ascertain the location 
of all of the books and records of these organizations in your terri- 
tory and that the same be secured at the tivfie of the arrests. As 
soon as the subjects are apprehended, you should endeavor to 
obtain from them, if possible, adm^issions that they are meTYibers of 
either of these parties, together with any statement concerning their 
citizenship status. I cannot impress upon you too strongly the ne- 
cessity of obtaining documentary evidence proving membership. 

Particular efforts should be made to apprehend all of the officers 
of either of these two parties if they are aliens ; the residences of such 
officers should be searched in every instance for literature, member- 
ship cards, records and correspondence. The meeting rooms should 
be thoroughly searched and an effort made to locate the charter of 
the COMMUNIST PARTY of America or the COMMUNIST 
LABOR PARTY, under which the local organization operates, as 
well as the membership and financial records which if not found in 
the meeting rooms of the organization will probably be found in the- 
house of the recording and financial secretaries, respectively. All 
literature, books, papers and anything hanging on the ivalls should 
be gathered up; the ceilings and partitions should be sounded for 
hiding places. After obtaining any documentary evidence, the 
same should be wrapped up in packages and marked thereon, the 
location of the place, and the name of the persons obtaining the 
evidence and the contents of each package. 

Violence towards any aliens should be scrupulously avoided. Im- 
mediately upon apprehending an alien, he should be thoroughUj 



39 

searched. If found in groups in meeting rooms, they should be 
lined up against the ivall and there searched; particular attention be- 
ing given to finding the membership book, in which connection the 
search of the pockets will not be sufficient. In no instance should 
money or other valuables be taken from the aliens. All documentary 
evidence taken from an alien should be placed in an individual 
envelope, provided for the purpose, which envelope should be 
marked showing the contents contained in the same, whether they 
were found in the possession of the alien or in his room, and if in the 
latter the address of the house should be given as well as the name 
of the alien and the officer who obtained the evidence. A duplicate 
record should be kept of all evidence thus obtained. At the time of 
the transfer of the alien to the immigration inspector, you should 
also turn over to the immigration inspector the original evidence ob- 
tained in the particular case, plainly marked so that there may be 
no complaint by the immigration officers as to the manner in which 
evidence has been collected by the agents of this Bureau. 

I have made mention above that the meeting places and residences 
of the members should be thoroughly searched. I leave it entirely 
to your discretion as to the method by which you should gain access 
to such places. If, due to the local conditions in your territory, you 
find that it is absolutely necessary for you to obtain a search warrant 
for the premises, you should communicate with the local authorities 
a few hours before the time for the arrests is set and request a warrant 
to search the premises. 

Under no conditions are you to take into your confidence the local 
police authorities or the state authorities prior to the making of the 
arrests. It is not the intention nor the desire of this office that 
American citizens, members of the two organizations be arrested at 
this time. //, however, they are taken into custody any American 
citizens, through error and who are members of the COMMUNIST 
PARTY OF AMERICA or the COMMUNIST LABOR PARTY, 
you should immediately refer their cases to the local authorities. 

It may be necessary, in order to successfully make the arrests that 
you obtain the assistance of the local authorities at the time of the 
arrests. This action should not be taken, unless it is absolutely 
necessary ; but I well appreciate that where a large number of arrests 
are to be made it may be impossible for the same to be made by 
special agents of this Department, in which event you are authorized 
to request the assistance of the local police authorities. Such assist- 
ance should not be requested until a few hours before the time set for 
the arrests, in order that no "leak" m,ay occur. It is to be distinctly 
understood that the arrests made are being made under the direction 
and supervision of the Department of Justice. 

For your own personal information, I have to advise you that the 
tentative date fixed for the arrests of the COMMUNISTS is Friday 
evening, January 2, 1920. This date may be changed, due to the 
fact that all of the immigration warrants may not be issued by that 
time. You will, however, be advised by telegraph as to the exact 
date and hour when the arrests are to be made. 

If possible you should arrange with your under-cover informants 
to have meetings of the COMMUNIST PARTY and the COM- 
MUNIST LABOR PARTY held on the night .set. I have been in- 



40 

formed by some of the bureau officers that such arrangements tuill 
be made. This, of course, would facilitate the making of the arrests. 

On the evening of the arrests, this office will be open the entire 
night and I desire that you communicate by long distance to Mr. 
Hoover"^ any matters of vital importance or interest which may arise 
during the course of the arrests. You will possibly be given from 
seven o'clock in the evening until seven o'clock in the morning to 
conclude the airests and examinations. As pointed out previously, 
the grounds for deportation in these cases will be based solely upon 
membership in the COMMUNIST PARTY of America or the COM- 
MUNIST LABOR PARTY and for that reason it will not be neces- 
sary for you to go in detail into the particular activities of the 
persons apprehended. It is, however, desirable that wherever pos- 
sible you should obtain additional evidence upon the individuals, 
particularly those who are leaders and officers in the local organi- 
zations. The immigration inspector will be under instructions to 
cooperate with you fully and I likewise desire that you cooperate in 
the same manner with the Immigration Inspector at the time of the 
arrests, as well as following the arrests. At the hearings before 
the Immigration Inspector you should render any and all reason- 
able assistance to the immigration authorities, both in the way of 
offering your services to them and the services of any of your 
stenographic force. It is of the utmost necessity that these cases be 
expedited and disposed of at the earliest possible moment and for 
that reason stenographic assistance and any assistance necessary 
should be rendered by you to the immigration inspectors. An ex- 
cellent spirit of cooperation exists betiueen the Commissioner-General 
of Immigration*^ and this Department in Washington and I desire 
that the same spirit of cooperation between the field officers of this 
Bureau and the field officers of the Bureau of Immigration also exist. 

I desire that the morning following the arrests you should forward 
to this office by special delivery marked for the ''Attention of Mr. 
Hoover"* a complete list of the names of the persons arrested, with 
an indication of residence, or organization to which they belong, and 
whether or not they were included in the original list of warrants. 
In cases where arrests are m,ade of persons not covered by luarrants, 
you should at once request the local immigration authorities for war- 
rants in all such cases and you should also communicate with this 
office at the same time. I desire also that the morning following the 
arrests that you communicate in detail by telegram, ''Attention of 
Mr. Hoover,"* the results of the arrests made, giving the total num- 
ber of persons of each organization taken into custody, together with 
a statement of any interesting evidence secured. 

The above cover the general instructions to be followed in these 
arrests and the same will be supplemented by telegraphic instruc- 
tions at the proper time. 

Very truly yours, FRANK BURKE, 

Assistant Director and Chief. 

Note by the Editor : In the foregoing instructions it will be observed : ( 1 ) 
That the Department of Justice assumed on Dec. 27, 1919, that both the Com- 



*.J. E. Hoover, Special Assistant to the Attorney General. 
**Mr. Gamine tti. 



41 

munist Party and the Comfnunist Labor Party were unlawful organizations, 
whereas the Secretary of Labor, upon whom alone the duty fell of deciding 
the question, did not decide until a month later that the Communist Party 
was unlawful (Jan. 24, 1920), and decided four months later that the Com- 
munist Labor Party was perfectly lawful (May 5, 1920). (2) That war- 
rants may be dispensed with at discretion of local agents. (3) That "under 
cover informants" are to bring about meetings on Jan. 2 to facilitate whole- 
sale arrests. 

EXHIBIT 12. 

CoNFiuEMiAL INSTRUCTIONS ( two sctsj which Were issued individually to 
the Dept. of Justice agents in New England who were to conduct the raids 
of Jan. 2, 1920. 

"INSTRUCTIONS TO AGENTS. 

1. Each person named in the warrant to be taken into custody. 

2. Upon taking person into custody try to obtain all documentary evidence 
possible to establish membership in the COMMUNIST PARTY, including 
membership cards, books, correspondence etc. 

3. Also try to secure charters, meeting minutes, membership books, due 
books, membership correspondence, etc., in possession of such person, which 
may lead to further investigations of members not yet known. 

4. All such evidence secured, as above, to be properly marked and sealed 
as belonging to such person, with name of arrestee, place where secured, date 
secured, and by whom secured marked plainly on same. 

5. Person or persons taken into custody not to be permitted to communicate 
with any outside person until after examination by this office and until per- 
mission is given by this office. 

6. Upon making arrest, person in custody to he brought to the place desig- 
nated by this office for a preliminary examination. ■• 

7. Preliminary examination to be made by Agent making arrest on forms 
provided for that purpose by this office. This form to be followed closely 
and filled out in detail. The form then to be read to person in custody for 
him to sign and swear to same. If he refuses to swear and sign to same, 
then Agent, in presence of one witness to examination, to sign and swear to 
same and to have witness do the same. 

8. // a person claims American citizenship, lie must produce documentary 
evidence of same. If native born, through birth records. If naturalized, 
through producing for Agent copy of naturalization papers. Be sure that 
these papers are final papers, containing words "and is hereby admitted to 
become a citizen of the United States." 

9. In case of any uncertainty as to citizenship or non-citizenship of person 
taken into custody, or for any other reason, consult the office. 

10. Absolutely no publicity or information to be given by an agent. All 
such requests for information to be referred to Division ' Superintendent. 
Also request observances above by assisting officers." 



"1. At the time of apprehension, every effort must be made to establish 
definitely the fact that one arrested is a member of either the Communist 
Party of America or Communist Labor Party. 

2. It is of utmost importance to make every effort to ascertain location of 
all books and records of these organizations, and that same be secured at 
time of arrest. 



42 



3. Upou makiug arrests, endeavor to secure admissions as to menibersbip 
in Communist and Communist Labor Parties, together with any possible 
documentary proof. 

4. Endeavor apprehend officers of either partij of aliens, searching resi- 
dences for literature, membership cards, records and correspondence. 

5. Search meeting rooms and endeavor to locate charters of Communist or 
Communist Labor Parties, as well as membership and financial records, which, 
however, may be found at homes of Recording and Financial Secretaries. 
Literature, hooks, papers and ani/thing on the walls should he gathered up, 
and ceilings and partitions sounded for hiding places. Wrap anything taken 
and mark the location of place, names of persons obtaining evidence, and 
contents of each. 

G. Upon apprehension, aliens should he searched thoroughly; if found in 
groups in meeting rooms, line them up against the wall and there search 
them. Take anything which tends to establish connection with either Com- 
munist or Communist Labor Parties, in other words, only such materials 
referring to these parties, and nothing distinctly personal such as money and 
other valuables. Mark envelopes showing contents ; whether found in pos- 
session of alien or in his room, with address, as well as names of those ob- 
taining evidence. Duplicate record of all this should be kept ; original evi- 
dence obtained in the cases to be turned over to the Immigration Officers. 

7. Only aliens should he arrested; if American citizens are taken hy mistake, 
their cases should he immediately referred to the local authorities. 

8. Arrest of members covered by warrants to be made Friday, at 9 P. M. 
Only aliens, and connected with Communist and Communist Labor Parties ; 
make preliminary examination as per office memorandum. 

Note : These instructions are extremely confidential ; are issued only for 
the guidance of authorized agents of this ofiice; are charged to such agents 
and must be returned to this office upon completion of assignment." 



EXHIBIT 13. 

THE "COLYER CASE." 

Morris Katzeff, Petitioner, 

vs. 

Henry J. Skeffington, Comm'r of Immigratioh. 

Before District Court of the United States, Anderson, J. 

Boston, April, 1920. 

This case came before Judge Anderson on three petitions for 
habeas corpus involving eighteen relators, arrested on or about Jan- 
uary 3, 1920, as aliens subject to deportation because of their mem- 
bership in the Communist Party. 

The evidence showed generally the following: 

During the night of Friday, January 2-3, 1920, in New England, 
there were arrested by the Department of Justice, Mr. and Mrs. Wil- 
liam T. Colyer, British subjects, together with several hundred other 
aliens and citizens. "Warrants of arrest, wherever inconvenient to 



43 

obtain, were dispensed with by the express direction of Washiny,ton ; 
in the large majority of cases no warrants were in existence and no 
cause for their issuance had been shown. Meetings of Communists, 
to be held on the particular night of January 2, had been stimulated 
by Department of Justice undercover agents, so as to facilitate arrests. 
Men and women were taken up wholesale^ at meetings, on the streets, 
or at their homes. Equally without search-warrants, the offices and 
homes of the prisoners were entered and ransacked, and writings, 
books and other property carried away. These several hundred cit- 
izens and aliens were then handcuffed, bundled into motor-cars, and 
taken to police stations, jails or any convenient place of detention, 
there to await the slow process of inquisition (without counsel), and 
classification. Food, water and bedding were usually not provided. 
The citizens were gradually weeded out, and told to go home. Some 
aliens also were liberated; the rest were taken to Boston, in some 
cases handcuffed and chained and marched through the streets for 
newspaper photographers to snap them, and were finally imprisoned 
on Deer Island, without sanitary conveniences, without blankets or 
mattresses, and exposed to cold from broken windows. After the 
arrests and imprisonment, warrants of arrest w^ere asked, and ob- 
tained, from the Department of Labor in Washington. Bail was fixed 
in such amount, up to $10,000, as would reasonably insure the im- 
possibility of raising it. Other conditions were such as reasonably 
to insure that the prisoners should not too soon communicate with 
friends or lawyers. 

Three months later, Morris Katzeff, of the Boston Bar, proceeded 
with the help of counsel to lay these facts before Judge Anderson, on 
a petition for writs of habeas corpus for Mr. and Mrs. Colyer and 
sixteen other aliens, alleging violation of Constitutional rights, par- 
ticularly that of ''due process of law." A long trial was had. Judge 
Anderson, overruling objections by government counsel, insisted on 
looking into the facts, even to the extent of compelling Department 
employees to explain just how they had acted, and by whose instruc- 
tions. During the course of the trial, as the facts gradually came 
out, Judge Anderson delivered various remarks from the bench, 
such as the following: 

''This case seems to have been conducted under that modern 
theory of statesmanship that you hang first and try after- 
wards. * * * 

"A more lawless proceeding it is hard for anybody to conceive. 
Talk about Americanization ! What we need is to Americanize peo- 
ple that are carrying on such proceedings as this. We shall forget 
everything we ever learned about American Constitutional Liberty 
if we are to undertake to justify such a proceeding as this. * * * 

"It is the business of any American citizen, who knows anything 
about Americanism, to resign if given such instructions. * * * 

"What does appear, beyond reasonable dispute, is that the Govern- 
ment owns and operates some part of the Communist Party." 

Particular aspects of the case will be set forth under appropriate 
heads. 



44 
I. 

ACTIVITY OF THE DEPARTMENT OF JUSTICE. 

The Boston Commissioner of Immij,'ration, Mr. Skeffington, Iieing on the 
stand, the Court questioned him as follows with regard to the activity of the 
Department of Justice in connection with the raids of January 1920 (type- 
written record, pages 70 et seq.) : 

Q. After the armistice your Department had. as I understand 
it, entire legal control over deportations ; is that so as you under- 
stand it? 

A. Yes, sir ; no other department of the Government has the 
power to deport. 

Q. Is there any statute to your knoivledge giving the Depart- 
ment of Justice any power laith relation to deportation? 

A. No, sir. 

Further questioning by the Court brought out the proper course of pro- 
cedure, as follows (testimony of SkeflBngton, page 72) : 

"The method was for the Department of Justice agents to send 
their evidence in the form of an affidavit to the Department of 
Justice at Washington. They brought it over to the Department 
of Labor and asked that a warrant on that information be 
issued. * * * Later they were ordered to show us the evi- 
dence that they had before they sent it to Washington, and if we 
agreed on it then, we notified our Department that we agreed 
that a warrant should be issued in the case of John Doe." 

Having thus ascertained the extent to which the Department of Justice 
could lawfully proceed in the premises, in cooperation with the Immigration 
authorities, the Court by subsequently questioning another witness discovered 
how much further the activities of the Department of Justice were actually 
carried (testimony of James A. Sullivan, Deputy Immigration Commissioner 
at Boston, pages 162 et seq.) : 

(By Mr. KatzefC:) 

Q. Did Agents of the Department of Justice exercise the power, 
or a power, to release men who were detained at Deer Island? 

A. Unless we had a warrant for them. * * * 

The Court : Did you have people there without loarrants that 
Department of Justice Agents released? 

The Witness : The Department of Justice had a number of peo- 
ple there tvithout warrants. If they released them * * * i 
have no record of it. 

Q. You mean 

The Court : Just a minute. I want to get that. When you 
went down there, or during this proceeding, do I understand you 
to state that there were people there in the barracks that you 
had charge of, brought there by the Department of Justice, for 
whom you had no warrant and ivho were discharged by the De- 
partment of Justice because you had no warrant? 

The Witness : Yes, sir. 

It was further brought out, from Sullivan, that the Department of Justice 
from the time of the raid had a man on Deer Island, who later assumed con- 
trol over the payment and hiring of the guards on the Island. Stenographic 
assistance and interpreters were also supplied to the immigration authorities 
by the Department of Justice. 

The Department of Justice Agents also took part in the hearings of aliens 
after they had been turned over to the immigration authorities. Mr. Sulli- 
van testified that prior to January 27th or 28th, the customary procedure ivas 
to examine the alien after he had been delivered to Deer Island, without 



45 

giving him an opportunity to he represented at that time 'by counsel. This 
was called the "preliminary hearing," before undergoing which the alien 
would not be admitted to bail. The subsequent hearings, that is, the con- 
tinuation of the hearing held after the Government had obtained what evi- 
dence it wanted, is called in the record a "rehearing." At the so-called re- 
hearing, aliens were allowed counsel for the first time. The Department of 
Justice representative was present both at the so-called hearing and rehear- 
ing. 

On the question of the amount of bail in which the aliens were held, it ap- 
peared, too, that the agents of the Department of Justice were active, mak- 
ing their recommendation to the inspectors. 

Witness John A. Ryder, Immigration Inspector, Boston District, testified that 
he had had a number of years experience trying cases of anarchists, immoral- 
ists, criminals, prostitutes, and the general run of aliens, but that never before 
the present time had any Department of Justice oflicial or any one else acting 
in analogy to a prosecuting officer, been present and participated in deporta- 
tion hearings. 

Witness Sullivan testified that censoring of prisoners' letters at Deer 
Island was delegated to the Department of Justice. 

The witness Valkenburgh (Record p. 1117) testified that he was an agent 
of the Department of Justice, and participated with three other Department 
agents and three police oflicers in the raid on 885 Washington St; that 29 
persons were arrested in that raid; that they were searched, and that ex- 
hibits were taken by the raiding party from the hall. Though witness had 
16 Labor Department warrants in his possession, none of them were used in 
the arrest of these 29 persons; and the raiding party had no search warran,ts. 
All the arrestees were locked up over night; the next morning seven who 
were citizens were released ; the other 22 were forwarded to Deer Island. 
Questioning by the Court: 

Q. And you took 7 citizens and put them in cells and kept them over night, 
as you say now? 

A. I found out later that they were citizens. 

Q. Is that your notion of liberty under the law? 

A. I had no other way of finding out they were citizens. They didn't tell 
me as such until the next morning. 

Mr. Goldberg (Government counsel) : I suggest, if your Honor please, that 
it was this agent's business to obey his instructions, or resign. 

The Court. Well, that may be true, but it is the business of any American 
citizen, who knows anything about Americanism, to resign if given such in- 
structions. That is all. 

A typical witness was Ivan T. Hrynchuk (page 1088 of the Record). He 
was arrested the night of January 2nd, and was confined at Deer Island 
continuously until released by habeas corpus in April. His person was 
searched at time of arrest, and exhibits thus obtained were used at his hear- 
ing. No warrant of arrest or search warrant had existed. 

Witness testified his hearing at Deer Island was completed before he was 
notified of the right to be assisted by counsel. The court pointed out that 
though witness was arrested January 2nd, his warrant was dated January 
nth, and declared — 

''This case seems to have been conducted under that modern theory of 
statesmanship that you hang first and try afterwards." 

Counsel for the government, objecting to this remark, contended that such 
procedure had support in court decisions, The following then occurred : 

The Court: Can you cite any case which supports the proposition that the 
Department of Justice can go out without any piece of paper or warrant, or, 
so far as appears, any investigation, and seize men, put them in jail and 
hold them there two weeks, and then get warrants and put them through a 
trial of this kind and call that due process of law? . 

Mr. Goldberg: I don't know what your Honor means by a "trial of this 
kind," but if your Honor refers to having a preliminary hearing in the ab- 



46 

siMico of counsel, and then permitting counsel to come iu afterwards, yes, I 
ciin cite a number of cases iu tlie Supreme Court of the United States up- 
holding that as due process. 

The Court: I think I am fairly familiar with those cases. / know of 
nothing which lays the slightest foundation for any such proceeding as this. 
4 more lawless proceeding it is hard for anybody to conceive. Talk about 
Americanization! What we need is to Americanize people that are carrying 
on such proceedings as this. We shall forget everything xce ever learned 
about American Constitutional liberty if we are to undertake to justify such 
a proceeding as this. 

Mr. Goldberg: I am not responsible for the departmental policies. 

The Court : I know you are not, but I can hardly sit here on this bench as 
an American citizen and restrain my indignation at such proceedings. 

II. UNLAWFUL ARRESTS, SEARCHES AND SEIZURES. 

The Court questioned the Commissioner of Immigration, Mr. Skeffington, as 
to the procedure followed in the raids of January 2nd and 3rd (Pages 79 et 
seq.) : 

(By the Court:) 

Q. Just a moment on that, Mr. Skeffington. Were these arrests for what 
you call the "raids" made by your forces, or by the Department of Justice? 

A. Department of Justice, your Honor. 

Q. Did your people have anything to do with them? 

A. Yes. 

Q. What? 

A. We ordered our men to take the warrants, say for Manchester, New 
Hampshire, go to a police station and sit there, and when the.se men were 
brought in connect them up with the warrants. 

Q. What do you mean by "connect them up with the ivarrants" ? 

A. That is, see whether or not we had a ivarrant for them, and if we had 
we took them. * * * They didn't carry the warrants with them. They 
brought the persons to the Police Station and there the warrants were await- 
ing them. 

Q. Can you point out any rule or any statute under which the Department 
of Justice agents have power to arrest? 

A. No, I don't know anything about that. Judge, except that we were 
working under rule. We didn't have the men. They had to furnish them, 
and they did furnish them. 

Q. Did you have instructions as to this procedure? 

A. We had an understanding. 

Q. Written instructions? 

A. No. We had a conference in Washington in the Department of Labor 
with Mr. Hoover and another gentleman of the Department of Justice. 

Q. Who is Mr. Hoover? 

A. Mr. Hoover is an officer in the Department of Justice. 

Mr. Goldberg: Special Assistant to the Attorney General. 

Deputy Commissioner Sullivan also testified that approximately one hun- 
dred warrants were requested by telegraph after the main raid on the evening 
of Januax-y 2nd. His examination on this point follows : 

Q. But there were more than 100 warrants? 
A. I should say so. 

(By the Court:) 

Q. Were any of those in custody before the telegraphic warrants were ap- 
plied for? 

The Witness : Yes, sir. 

The Court: About how many? 

The Witness : About 100, I should judge, it might be more. 



47. 

Q. You mean 100 men tvere in custody at Deer Island before the telegraphic 
icarrants were applied for? 

(Objection; overruled; question repeated to witness.) 

A. A hundred men or more tvere detained at Deer Island without warrants, 
yes, sir. 

The evidence of Messrs. fSkeffington and Sullivan was corroborated by 
George E. Kelleber, Division Superintendent of the Bureau of Investigation 
of the Department of Justice, headquarters in Boston, Mass., who liad charge 
of rounding up the aliens in Massachusetts, New Hampshire and Vermont. 
His testimony on the point of illegal arrests was as follows : 

Q. What authority, what written document, did you have in your pos- 
.session for the arrest of the individuals tliat were arrested that night? 

(Objection; overruled.) 

A. The authority that we had, the instructions from the Department at 
Washington, and the knowledge that warrants were waiting for many of 
those who were picked up, that those tvho were members of the Communist 
party could he picked up and detained while tvarrants ivere being telegraphed 
and asked for. 

Q. It is a fact, is it not, Mr. Kelleber, that men and women were picked up 
that night without any warrant in your possession for their custody? 

(Objection; overruled.) 

A. That is so. 

Counsel for the relators then went on to examine the witness (p. 235) with 
regard to his procedure pursuant to the secret instructions of Dec. 27th 
issued for the raid from Washington (Exh. 11 herewith). 

Q. Did your men search the bodies and the homes and the halls at which 
the various men and women were arrested? 

(Exception ; overruled. ) 

A. Yes. 

Q. And they made seizure, did they not, of papers, documents, books and 
what not? 

(Objection; overruled.) 

A. Pursuant to the Department's instruction. * * * The instructions 
that were read into the record this morning were paraphrased, and each agent 
loas given a copy of those same instructions only in brief form for his guid- 
ance. (The witness is referring to the instructions Exh. 12 herewith.) 
* * * 

The examination then proceeded : 

Q. Therefore, one is justified in asking, Mr. Kelleber, whether or not it is 
a fact that searches were made by the arresting officers irrespective of the 
production of a search warrant for tlie search? 

(Objection; overruled.) 

A. As you ivill note in the original instructions, that teas left to the dis- 
cretion of the various officers. In other words, it appeared to those in charge 
of those particular things that where a person would probably permit us to 
search anyhow, it would be a needless touste of time, tvhen under such tre- 
mendous pressure, to apply for the search tvarrant, that the person would 
permit us to search the place without it. 

Counsel then returned once more (page 248) to the question of unlawful 
arrests and detentions : 



48 

Q. What did you do with those whom the warrant did uot fit, or who did 
not fit the warrant? 

(Objection; overruled.) 

A. They were detained. * * * 

The Court : Detained where ? 

The Witness : They were detained at the station or brought to Boston and 
taken down to Deer Island. * * * 

Q. What was the authority upon which you were acting when you took 
meu and women for whom there were no outstanding warrants? 

(Objection; overruled.) 

A. The Department's instructions. 

Q. You arrested people, you then checked up those whom you arrested with 
the list of warrants in the hands of the Immigration officials, and where 
there was a lack of warrant you continued to hold onto your arrestee? 

(Objection; overruled.) 

A. If he fitted the description as a vrembcr of either the Communist Party 
or the Comniunist Labor Party and was an alien. 

At the instance of the Court, counsel then went on to ask the witness "just 
how these people that went around to the halls and homes were instructed, 
if they were given lists of names or given descriptions of places and persons, 
or how they knew what places they were to raid and whom they were to 
bring to the concentration points." The witness replied that they tried as far 
as possible to get the aliens in groups, at meetings, for example; "our agents 
went where meetings were being held to our knowledge and sorted them out 
according to either whether we had warrants for them or lohether they icere 
alien members of the Gom,m,iinist or Communist Labor Parties." 

The next witness was William J. West, Assistant Division Superintendent, 
Bureau of Investigation, Department of Justice. He testified (page 272) : 

A. In some instances the Immigration officers no doubt had the warrants, 
and the aliens were brought in to them, the agent having in his possession also 
a list of persons named in the warrants. That accounts for those who were 
arrested on the warrants. As I have already stated, that night there were 
meetings of the Communist party held in various cities and toivns about 
Massachusetts and New Hampshire, and those meeting places were visited 
and the persons found therein were questioned individually as to ichether or 
not they were m,embers of the Communist party or of the Communist Labor 
party, and as to whether or not they were aliens or citizens. That is where 
the sorting out process occurred. Those persons who admitted being mem- 
bers of the Communist party, or of the Communist Labor Party, and who ad- 
mitted being aliens, were immediately set aside and questioned further. 

Q. Who questioned them, Mr. West? Who questioned them? Officials of 
your staff? 

A. Agents from my office. 

Q. Agents? Did they apprise them of what their legal rights and consti- 
tutional rights were, as to the right to withhold any information unless there 
was a lawful warrant for their arrest? 

(Objection; overruled.) 

A. I don't know what occurred in each particular case. 

Q. Did you instruct them to tell the people before they spoke tliat they had 
a right to consult counsel and that what they said would be used against 
them? 

A. No, sir. 

Q. In fact, the instruction was to get information from them as much as 
possible? 

A. The instructions were to secure such evidence as would connect them 
with membership in the Communist party or Communist Labor party. 



49 



The witness then testified that persons were taken into custody for whom 
no warrants had been issued, if such persons confessed to being aliens and 
members of either of the proscribed parties ; that they were then put through 
the regular questionnaire, and warrants requested for them by telephone and 
telegraph. Statistically, the witness testified to the following figures (page 
274) : 

Q. The facts that we are after, Mr. West, ought to take just three minutes 
to obtain — namely, how many men and women were taken into custody? 
Approximately how many were there? Do you know? 

A. No, sir, I do not. 

Q. Were there 2,000 or 1,000? 

A. I should estimate it at approximately 600 persons. 

Q. 600? Then finally there were at Deer Island only, as you told us. about 
440? 

A. Yes, sir. 

Q. So that you let go about 160? 

A. Approximately that. 

Q. And of those that you took into custody — namely, 440, or whatever it 
was that you took into custody — there were no warrants for approximating 
about 100? 

(Objection; overruled.) 

A. That is approximately true ; yes, sir. 

Later in the examination of the same witness (Mr. West), counsel for the 
relators turned again to the question of unlawful search and seizure. Quot- 
ing from the secret instructions of December 27, counsel called the attention 
of the witness to the following : "Particular efforts should be made to ap- 
prehend all of the officers of either of these two parties if they are aliens. 
The residences of such officers should be searched in every instance for litera- 
ture, membership cards, records and correspondence." Witness was asked 
whether he had given oral instructions to his agents "relative to getting into 
residences and what they should do if they got in?" Witness replied that 
that was left to the discretion of the individual agent, who was to conduct 
himself as local conditions required. Witness also stated that in certain cases 
search warrants had, to his information, been obtained. Then comes the fol- 
lowing (page 305) : 

(By Mr. Brooks:) 

Q. Do you know what was seized under these search warrants in Worcester 
and Lawrence? 

(Objection; overruled.) 

A. Not in detail. 

Q. Well, generally speaking? 

A. Generally speaking, evidence tending to show that the persons taken into 
custody were connected with one or the other of the proscribed parties. 

Q. That is to say, papers, books, pictures, and so forth? 

A. No, I don't know about pictures. There were some books. But papers 
principally. 

(By the Court:) 

Q. Well, you knew, Mr. West, that no search warrants could be obtained 
under the laws of the United States or of the Commonwealth of Massachu- 
setts which would authorize the seizure of such literature or evidence as you 
were after, didn't you? Otherwise stated, this was not outlaw property 
within the laws of the United States or the Commonwealth, was it? 

(Objection; overruled.) 

A. Well, I submit I do not know, your Honor. I would have to submit that 
question to the office of the United States Attorney, as to what would be 
outlaw property and what would be seizable under either the United States 
warrants or the State wan-ants. 



50 

Q. Well, if iiuu instructed jiour agent to get a ivarrant to seize concealed 
iveapons. for inntanee — I tliiiik there is a statute covering tliat — hut the real 
liurposc of the irarrant was not to seize weapons hut to seize literature, and 
it was intended to be used for anotlier purpose tlian that which on its face 
it appeared to be obtained for, wasn't that 

(Objection; overruled.) 

A. If those warrants were issued as gun warrants 

Q. As what? 

A. As gun icarrants — that is, as Karrants to seize guns, weapons — and 
am/thing else other than guns and weapons were seized, why, it icould 
naturalhj follow that the property seized ivas not the property named in the 
search warrant. 

(By Mr. Brooks:) 

Q. Did you caution your agents to confine themselves strictly to the subject 
matter of the warrant? 

(Objection; overruled.) 

A. I issued no instructions. 

Q. You merely told them to secure search warrants where practicable — as 
I understand your phrase — "where practicable"? 

A. Yes, sir. 

Q. What did you instruct them to do where that was not practicable? 

A. Where that was not practicable they were to follow the instructions 
contained in the Bureau letter of instructions. 

Commenting on the methods brought out by the above testimony, the court 
remarked (page 308) : 

The Court : It is interesting to note that we are all finding out gradually 
what is meant by the 18th Amendment. 

Mr. Kelleher : Are you referring to the 18th Amendment? If j'ou are. 
your Honor, I would say that that does not come under the Bureau of In- 
vestigation, Department of Justice. 

The Court: Doesn't it? 

Mr. Brooks : Internal Revenue. 

The Court : The statutes which have heen put in here so far indicate that 
the aliens do not come under the Department of Justice, hut enidently they 
did on the 2nd of January. 

Further details as to the manner of arresting the aliens during the January 
2nd raid were brought out by the examination of John A. Ryder, an Immi- 
gration Inspector in the Boston district. He testified as follows (page 444) : 

Q. Did you participate in any of the raids on the 2nd of January? 
A. I was assigned to Brockton. 
Q. Did you go to Brockton? 
A. Yes, sir. 

Q. How many warrants did you serve in Brockton? 

A. I don't remember serving any. I had warrants. / don't rememher of 
identifying anyhody with those warrants. 
Q. How many warrants did you have? 
A. Roughly, ahout 10. 

Q. And where were you with the warrants in Brockton? 
A. I was in the City Marshal's ofiice. 
Q. And did the Department of Justice agent bring people before you? 

(Objection; overruled.) 

Q. About how many people did they bring before you for identification? 
A. Oh. they were being brought in all night by the police. 
Q. How many people, — about how many? 



51 

A. Oh, at least a hundred. 

Q. At least a hundred, — men and women? 

A. I would qualify that 100. I don't think there were a hundred — less than 
a hundred. Between 50 and 100. 

Q. Nearer a hundred than fifty? 

A. / think so. That night and the next day. 

Q. And there was not one out of the fifty or seventy-five, or close to a 
hundred, that fit any of the names on the warrants? 

A. Yes ; afterwards it was found that they did. 

Q. But that night you did not serve a single ivarrant? 

A. No. 

Q. Were they all released? 

A. No; IS or 19 were brought to Boston the next dag. * * * 

Q. When j^ou brought them to Boston there were no warrants for their 
arrest? 

A. Excepting in a few cases, yes. 

Q. But about 18, you say, you wired on for telegraphic warrants for? 

A. Yes. 

Q. And were they examined by the Department of Justice agent on the 
questionnaire? 

A. Yes, sir. 

Q. And those who answered that they were members of the Communist 
party — were those the ones for whose arrest you applied for warrants? 

A. Well, I did not take any direct part in that examination. I knew they 
were examining the aliens. Once in a while I would stroll over and I might 
butt in and say something. I did not think I had any connection with that. 



(By the Court:) 

Q. Where did they pick up these people around Brockton? In the halls 
or in their homes? 

A. In their homes. I might explain that very simply. The Financial Sec- 
retary having been brought in with his books of membership cards of the 
Communist Party of America, there was found to be about 200 on his regist^. 
So that they went looking up some of those people. And the Communist card 
was apparently good evidence against them to apply for a warrant at least. 

Q. Well, you said they were doing it all night and a part of the next day. 

A. Yes, sir; the police. 

Q. Did they take these people out of bed and bring them to the police 
station during the night? 

A. Why, there was a group of police oflBcials assigned to assist the Depart- 
ment of Justice, and they knew the territory and they were sent out. 

Q. Well, that went on in the evening and all through the late hours of the 
morning? 

A. Yes, your Honor. 

Q. You stayed there at the station to see if you could fit any of these 
people to the warrants you had? 

A. Yes, sir. 

Q. And you did not find a, single fit in your case? 

A. No. I was upstairs and they were brought in and detained down stairs, 
and a great many would be brought in without my knowledge. 

Q. What did they do with them? Lock them up? 

A. After a few moments, then each one would be brought upstairs and 
questioned and let go in many cases. 

Q. In other cases what did they do? 

A. Held them there. 

Q. Locked them up? 

A. Yes, your Honor. 



52 



111. 

DELEGATION OF WORK BY DEPARTMENT OF JUSTICE TO PRIVATE 
INDIVIDUALS AND LOCAL POLICE. 

It was brought out, during the examination of George E. Kelleher, Division 
Superintendent of the Bureau of Investigation of the Department of Justice, 
headquarters in Boston, that to some extent at least the Department, in con- 
ducting the January 2nd raids, availed itself of the assistance of volunteer 
private individuals. The witness was testifying as to the number of persons 
who participated in the raids within his jurisdiction, and had set that num- 
ber at from 300 to 500. He was then examined as to the nature of the force 
(page 228) : 

Q. Whom have you in mind, what section of officials or individuals have 
you in mind when you give the number as from 300 to 500? 

A. The agents of the Department of Justice, and the police authorities of 
the various cities where the raids were carried out. 

Q. Nobody else except agents for the Department of Justice and the police 
authorities? 

A. No. 

Q. Any volunteer private citizens? 

A. Volunteer private citizens who donated their automobiles. Our force 
was increased to some extent through the re-employment of men who had 
previously been in our employ and who knew how to operate as agents. 
* * * 

Q. It is admitted by you, Mr. Kelleher, that in the party under your control 
making the arrests on the evening of January 2nd there were persons other 
than officials of the Department of Justice and officials of the various police 
forces in the various cities? 

A. Only so far as the question of transportation is concerned. The men 
who participated in the arrests were either police officials or on the payroll 
of the Department of Justice. 

Q. You mean, men who actually took hold of the bodies of the men and 
women who were arrested? 

A. Yes. 

Q. But assistance was rendered you in the raid by other than officials 
either of the Department of Justice or the police force of this Common- 
wealth? 

A. In the matter of transportation. * * * 

Q. You did not take a definite census of those who volunteered, did you? 

A. It would be impossible. We might be able to get a man for one trip 
and then lose him because he had other business to attend to. I have quali- 
fied that, however, by stating that it was entirely a matter of transportation. 
We tried to make it as easy as possible for those who were taken in raids, 
particularly in the case of women. Rather than to force them to walk long 
distances we tried to provide automoMles for their convenience. (!) 

IV. 

PROVOCATIVE AGENTS. 

The confidential letter of instructions of Dec. 27th, sent to the Division 
Superintendent of the Boston branch of the Bureau of Investigation, George 
E. Kelleher, by Frank Burke, Assistant Director and Chief of the Bureau of 
Investigation, Department of Justice, Washington, D. C, contains the follow- 
ing instruction (Ex. 11 herewith) : 

"If possible, you should arrange with your under-cover informants to have 
meetings of the COMMUNIST PARTY and the COMMUNIST LABOR PARTY 
held on the night set. I have been informed by some of the bureau offices that 
such arrangements wiU be made. This, of course, would facilitate the making 
of the arrests." 



53 

George E. Kelleher was examined upon this point, and gave the following 
testimony (page 250) : 

Q. You had good reason to know about some of these meetings, did you not? 

A. Yes. 

Q. You had even reason to know that the meeting would be held, did you 

not? 
A. Yes. 
q! And in some instances you even stimulated the calling of the meeting, 

did you not? 

(Objection; overruled.) 

A Possibly. It may be that that did not apply in this particular district; 
it may be that it did. I will have to refer you to Mr. West, who is in more 
direct touch with that entire situation. 

Q. But it may be that it did? 

A. Yes. 

Q. In other words, the meeting was arranged at which these people were 

to be found? 

A. There is that possibility. 

Q. And that possibility is not excluded in the instructions which you got 
from Washington. 

A. Not at all. 

Q. In fact, that possibility is included in the instructions which you got 
from Washington? 

A. Yes, sir. 

In reply to a direct question by the court, whether the witness had ever 
given instructions personally to act under that instruction from Washington, 
witness replied that 

"upon the receipt of those instructions they were handed to Mr. West, who 
took appropriate steps under those instructions. I never came in direct and 
personal contact with any of the so-called informers." 

(By the Court:) 

Q. Have you any present knowledge of the extent to which the Communist 
Party and the Communist Labor Party are under cover in that way? 

(Objection.) 

A. It would be very hard for anyone in Boston, or anywhere outside of 
Washington, to make any answer to that question. 

Q. And I suppose you do not know when that Government participation 
in the Communist Party and the Communist Labor Party began do you? 

Mr. Goldberg: If your Honor please, while I realize it is a matter of 
interest, is that a matter of consequence in these proceedings? 
The Court : It is of the most vital consequence. 

( Ob j ection ; overruled. ) 

Q. You do not know personally when it began, do you? 

A. No, I have no knowledge. 

Q. And I understand you to say you do not have personal knowledge of the 
extent of the participation in this district, that Mr. West would know rather 
than you? 

A. Yes. I would have an idea as to how it might come up, because the 
employment of any man who might be paid by the Department of Justice 
appropriation, who might be connected with such an organization for Govern- 
ment purposes, would naturally have to come through my hands, — appointed 
by Washington and sent to this district by the Washington authorities. 

Witness was then asked how many under-cover informants were operating 
in his district, and replied he did not know ; that the number is constantly 



54 

changing by the addition of new men or the removal of others from the 
district. 

The Court asked the witness whether he didn't thinli the system of under- 
cover informants was exceedingly dangerous : — "Somebody who is employed 
to go around under an alias or pseudonym, or some kind of disguise, to pre- 
tend to be a Communist or Socialist or Anarchist, when in fact he is in the 
employ of an entirely ditt'erent organization and is operating for entirely 
different purposes — that is an exceedingly dangerous thing, isn't it?" Wit- 
ness replied that he did not think so, since the purpose of the cover informant 
working for the government was to be animated solely by the desire to 
do a service for the government. Witness admitted, however, that the system 
provided for the keeping of a watch by one informant on the other ; and said 
further that he regarded it as a wise thing to have the informants keep a 
watch on each other. 

WILLIAM J. WEST was then examined as to his knowledge of the activi- 
ties of the uuder-cover informants, and though extremely evasive, finally 
confirmed Kelleher's testimony : 

Q. You remember the instructions, Mr. West? 

A. I remember the instructions; yes, sir, 

Q. Did you impart those instructions to your cover informants? 

A. / cannot say. 

Q. You are not prepared to deny it? 

A. I am not. 

Q. And presumably you acted upon instructions that came to you from 
your chief at Washington, did you not? 

A. / 171 each instance carried out all instructions issued to me, to the "best 
of my knowledge. 

Q. And do you recall there were specific instructions to hold meetings 
that night? 

A. I recall ; yes, sir. 

The Court: Were Communist meetings actually held that night? 

The Witness : Yes, sir. 

The Court: In large numbers? 

The Witness: On the night of January 2 there were Communist meetings 
held at Worcester, there was a meeting at the city headquarters in Boston, 
there was a meeting at Nashua, N. H., I believe there was a meeting in Lynn, 
I believe a meeting in Springfield. 

Q. What was the earliest you knew the meetings would be held on that 
night? 

( Objection ; overruled. ) 

A. To my knowledge, at the present time, the earliest that I can now recall 
of having advance notice of a meeting on the night of January 2 was several 
days prior to January 2. ' 

Later in the examination of the same witness, counsel for the relators 
reverted to the under-cover informants. He could elicit the information only 
that deportation work was a new departure for the Department of Justice, 
leaving the inference that the informants "were people especially trained, 
if not specially obtained, for this class of work, of a rather temporary char- 
acter" ; that there were informants who, to the knowledge of the witness, 
operated in the Boston and related districts on radical work; that the De- 
partment of Justice had employed such informants since 1917, which was the 
date of the witness's first joining the Department. 

V. 

GENERAL CONDITIONS OF RAIDS. 

There follow brief abstracts of the evidence of a few out of many wit- 
nesses, taken upon oath in this case. 

Mis. Stanislas Vasilieivska: Mother of three children; went with her little 
girl of 13 to a meeting in Low's Hall, Chelsea. Plain-clothes man and police 



entered and ordered "Hands up," searched everyone, took down the pictures 
from the wall and the "No Smoking" sign in Russian, handcuffed the men two 
and two, took the witness and her child to the police station, locked them in 
a cell with another woman who was pregnant. At midnight the little girl 
was sent home alone. Witness remained in police station until 8 or 9 A. M. ; 
was then taken with two handcuffed men by Department of Justice agent to 
dock to await afternoon boat; was locked into the dock toilet with cigar 
butts, filth, etc. Later Mrs. Colyer was locked in with her. Witness did not 
know until a long time afterwards what had happened to her three children. 

Charles Michaelson: American citizen; arrested 120 Market St., Lynn, 
where 39 persons had met to organize a Jewish Cooperative Bakery. Ar- 
rested by eight or nine men; searched, records taken; citizens and aliens 
separated but all taken to police station. Kept there from 9 :30 Friday night 
until 12 noon Saturday, denied food and denied water; kept in the corridor 
in spite of fact that there were open cells. Denied chance to call up his wife 
on the telephone. Saturday noon 38 of the 39 arrested were released and 
told to go home, of whom 13 or 14 had been American citizens. 

Minnie Federman: American citizen; arrested 6 A. M. January 3rd in her 
bedroom by six or seven men. No warrant shown. Was refused permission 
to dress in the next room ; dressed in the closet while officer held the handle 
of the door. Room searched, mattress ripped up; witness detained several 
hours at police station and city prison, and then released. Property taken 
from witness not returned. 

Annie Valinskas: Married; mother of child of three. Arrested, Nassau, 
N. H. at St. John the Baptist Hall. All persons put under arrest, searched 
and men handcuffed. About 150 in all including about 13 wom&. Seven 
women released at police court and six held. Witness was shown suit case 
by federal officials which they said they had taken from her house. She 
denied ownership. They then showed her two prayer books which she identi- 
fied as her own and her father's. Was shown neither warrant of arrest nor 
search warrant. Was confined with four other women in a cell 9 feet by 6, 
entirely unfurnished. Remained there from Friday night until Saturday 
afternoon. 

Frank Mack: English subject, in this country 6 years; arrested at his 
house; demanded to be shown a warrant, was read a warrant which was 
unsigned and did not include his name. Taken to police station, put through 
third degree examination. Transported next day to Long Wharf where he 
saw a crowd of people in chains compelled by officers to pose for newspaper 
photographers. As to conditions on Deer Island, prisoners were provided 
with no sanitary conveniences and compelled to remain in unheated cells 
furnished only with a spring cot without blankets or mattress; the latter 
were later provided. Guards were very harsh and were under the authority 
of both the Department of Justice and Immigration officials. Sunday after 
arrival at Deer Island, witness requested permission for prisoners to gather 
for religious service, which was refused. At witness's hearing he was con- 
fronted with exhibits of radical literature which had been removed from his 
room, together with pocket book, keys, newspapers, cards, and several photo- 
graphs and a book. This was the first information witness had had that his 
room had been searched. 

Ernest Liherman: English subject; arrested without warrant at meeting; 
with other men was marched through the streets of Boston to Long Wharf 
in chains and photographs taken. In chains from 11 A. M. until 4 P. M. At 
Deer Island prisoners were kept in cells without any sanitary conveniences 
whatever for three days; corroborated other evidence of witness Mack as to 
conditions on Deer Island. 

Oluf L. Root: Immigration Inspector; testified that prisoners brought from 
Fitchburg to Boston were handcuffed two and two together with a long chain 
between the two lines ; chains and handcuffs remained on the prisoners while 



56 

they were on the train and until he delivered them to the Deer Island boat. 
Raids in his district began at 5 minutes past one on the morning of January 
3rd and were completed at 4 o'clock that morning ; the persons arrested being 
taken out of their beds. 

James A. SuUivan: Deputy Commissioner, testified that visitors were not 
allowed to see the aliens on Deer Island for one week after their arrival, nor 
was it easy for the aliens to send out any mail for the first three or four days 
after arrival. Witness protested that exposing the aliens to photographers 
while in chains had not been done by the Department of Lador. 

Notes: (1) At the date of this report briefs have just been submitted in 
the Colyer case. Although Judge Anderson has not yet, therefore rendered 
a formal decision, he stated at the trial that unless the Government persuaded 
him to change his view he did not regard the Communist Party as one ad- 
vocating force and violence. 

(2) Secretary of Labor Wilson ha^ held, since the Colyer case, that the 
Communist Labor Party does not advocate force and violence. He held the 
contrary, last January, as to the Communist Party. ' The Department of 
Justice raids were made, before either of these decisions, Indiscriminately 
upon persons suspected of affiliation with either party. 



EXHIBIT 14. 

UNITED STATES SUPREME COURT. 

SiLVERTHORNE LuMBER COMPANY, InC, and FREDERICK W. 

SiLVERTHORNE, Plaintiffs in Error, 

vs. 
United States of America. 

Opinion by Mr. Justice Holmes — Decided January 26, 1920. 

Mr. Justice Holmes delivered the opinion of the court : 

The facts are simple. An indictment upon a single specific charge 
having been brought against the two Silverthornes mentioned, they 
both were arrested at their homes early in the morning of February 
25, and were detained in custody a number of hours. While they 
were thus detained representatives of the Department of Justice and 
the United States marshal, without a shadow of authority, went to 
the office of their company and made a clean sweep of all the books, 
papers, and documents found there. All the employees were taken 
or directed to go to the office of the district attorney of the United 
States, to which also the books, etc., were taken at once. An appli- 
cation was made as soon as might be to the district court for a return 
of what thus had been taken unlawfully. It was opposed by the dis- 
trict attorney so far as he had found evidence against the plaintiffs 
in error, and it was stated that the evidence so obtained was before 
the grand jury. * * * Photographs and copies of material 
papers were made and a new indictment was framed, based upon the 
knowledge thus obtained. The district court ordered a return of 
the originals, but impounded the photographs and copies. * * * 



67 

The government now, while in form repudiating and condemning the 
illegal seizure, seeks to maintain its right to avail itself of the knowl- 
edge obtained by that means which otherwise it would not have had. 

The proposition could not be presented more nakedly. It is that 
although of course its seizure was an outrage which the government 
now regrets, it may study the papers before it returns them, copy 
them, and then may use the knowledge that it has gained to call 
upon the owners in a more regular form to produce them ; that the 
protection of the Constitution covers the physical possession, but not 
any advantages that the government can gain over the object of its 
pursuit by doing the forbidden act. * * * In our opinion such 
is not the law. It reduces the 4th Amendment to a form of words. 
232 U. S. 393. The essence of a provision forbidding the acquisi- 
tion of evidence in a certain way is that not merely evidence so ac- 
quired shall not be used before the court, but that it shall not be 
used at all. * * * 

Judgment reversed. 

The CHIEF JUSTICE and Mr. Justice Pitney dissent. 



EXHIBIT 15. 

U. S. DISTRICT COURT, DISTRICT OF MONTANA. 

In the Matter of JOHN JACKSON. 
Decision by JUDGE BOURQUIN, February 12, 1920. 

BOURQUIN, J. : Petitioner, held for deportation as an alien 
"found advocating or teaching the unlawful destruction of prop- 
erty/' and who at time of entry "was a person likely to become a 
public charge," seeks habeas corpus for that the evidence against him 
was unlawfully secured, that the deportation proceedings w^ere un- 
fair, and that the evidence fails to support the findings quoted above. 
Respondent returns the record of said proceedings. 

Therefrom it appears that from August, 1918, to February, 1919, 
the Butte union of the Industrial Workers of the "World was dis- 
satisfied with working places, conditions and wages in the mining 
industry, and to remedy them were discussing ways and means, in- 
cluding a strike if necessary. In consequence its hall and orderly 
meetings were several times raided by employers' agents, federal 
agents and soldiers duly officered, acting by federal authority and 
without warrant. The members, men and women, many of whom 
a familiar principle concludes are citizens of the United States, made 
no resistance save oral protests, no retaliation, and there was no dis- 
order save by the raiders. These, armed, forcibly entered, broke and 
destroyed property; searched effects and papers; seized papers and 
documents; cursed, insulted, beat, dispersed, and bayonneted mem- 
bers by order of the captain commanding; likewise entered peti- 
tioner's adjacent living apartments, insulted his wife, searched and 
seized his papers, several times arrested him and others, and in gen- 
eral in an orderly and populous city, perpetrated an orgy of terror, 
violence and crime against citizens and aliens in public assemblage, 



58 

whose only offense seems to have been peaceable insistence upon an 
exercise of a clear legal right * * * These pamphlets and 
papers so seized from the hall and the petitioner's apartment, are the 
only material and vital evidence against him so far as the first find- 
ing quoted is concerned. * * * 

Permitting all discussion of the contents of these pamphlets, and 
having in mind the political control over aliens, the summary char- 
acter of the proceedings in deportation, and the limited jurisdiction 
of the courts in respect thereof, it is believed the deportation pro- 
ceedings aforesaid were unfair in that they violated the searches 
and seizures and due process clauses of the Constitution, to the pro- 
tection of which as a resident alien, petitioner is entitled. * * * 

The Declaration of Independence, the writings of the Fathers of 
our Country, the Revolution, the Constitution and the Union, all 
were inspired to overthrow the like governmental tyranny. They 
are yet living, vital, potential forces to safeguard all domiciled in 
the country, aliens as well as citizens.' 

If evidence of the alien's evil advocacy and teaching is so wanting 
that it exists in only that herein, and as secured herein, he is a far 
less danger to this country than are the parties who in violation of 
law and order, of humanity and justice, have brought him to de- 
portation. They are the spirit of intolerance incarnate, and the 
most alarming manifestation in America today. 

Thoughtful men who love this country and its institutions see 
more danger in them and in their practices and the government by 
hysteria they stimulate, than in the miserable, hated "Reds" that 
are the ostensible occasion of them all. Those people may confi- 
dently assume that, even as the "Reds," they too in due time will 
pass, and the nation still live. It is for the courts to deal with both, 
to hold both in check when brought within the jurisdiction. * * * 

The writ is granted. 

EXHIBIT 16. 

April 10, 1920. 

DEPARTMENT OF LABOR 

Office of the Secretary 

WASHINGTON 

DECISION OF LOUIS F. POST, ASSISTANT SECRETARY OF 

LABOR, IN RE Thomas Truss. 

(Decision Given in Full. Italics by the Editor.) 

This alien, a Pole by birth, is 33 years of age ; he arrived in the 
United States in 1907, was married in 1912, and has three American- 
born children. He is a coat presser by occupation, earning about 
$40 a week and is or recently was president of the amalgamated 
clothing workers of Baltimore. His character, well attested by highly 
responsible witnesses, is that of a man who is not in the slightest de- 
gree dangerous to this government or at all inimical to any organ- 



59 

ized government, but who would make a good citizen of the United 
States. He was taken into custody on the 7th of January, 1920, by 
poHcemen who came to his home and asked him to accompany them 
for the purpose of answering questions. He complied, expecting to 
return presently. The 'policemen conducted him to a police station 
where they delivered him to the police official in charge, saying that 
he ivas wanted by a special agent of the Bureau of Investigation 
of the U. S. Department of Justice. Thereupon the alien ivas locked 
in a cell over night, and until sometime during the next day his 
wife and friends ivere ignorant of his whereabouts. If there was 
any warrant for this arrest the alien was not shown the warrant or 
in any other loay informed of the reason or the authority ^ for his 
summary imprisonmnent, nor has any such authority been s-ince dis- 
closed. While still im,prisoned he ivas examined on the 8th of Jan- 
uary by a special agent of the Department of Justice and his exam- 
ination reduced to writing. No lawful authority for this proceeding 
was disclosed to the alien at the time, nor has any been disclosed 
since; no warning was given him. that his replies might be used 
against him, and he was not informed of his right to have counsel 
present to represent him if he wished. 

A special agent of the Bureau of Investigation of the Department 
of Justice thereupon made an affidavit in which he swore that in 
the course of his personal investigations and those of the officials and 
employees under his supervision and direction, he was informed 
and verily believed that the alien was a subject of Russia, that he was 
a member of the Communist Party and the Union of Russian Work- 
ers, but these organizations advocate the overthrow by force or vio- 
lence of the Government of the United States, and that the alien was a 
member of and affiliated with them; that he was an anarchist, be- 
lieved in and advocated the overthrow by force or violence of the 
Government, disbelieved in^ and was opposed to all organized gov- 
ernment. This affidavit was evidently a filled-out form, as the at- 
torneys for the alien state; but inasmuch as the Secretary of Labor 
had already decided that the Union of Russian Workers and the 
Communist Party are within the proscription of the act of Congress 
of October 16, 1918, its averments imposed upon the Immigrant 
Inspector in Charge at Baltimore the duty of applying to the Secre- 
tary of Labor for a w^arrant of arrest (see Immigration Rule 22, 
Subdivision 3) and the Secretary of Labor was thereupon in duty 
bound to issue the warrant (see Section 19 of the Immigration Act 
of 1917, and Section 2 of the supplementary Act of October 16. 
1918). 

Accordingly, on January 8, the alien being then still in custody 
at the police station in Baltimore as stated above, the Immigrant In- 
spector in Charge at Baltimore telegraphed to his superior officer at 
Washington that satisfactory probable cause had been shown against 
the alien for membership in the Union of Russian Workers and the 
Communist Party. On the following day, January 9, a warrant of 
arrest was consequently issued by the Secretary of Labor and the 
Inspector in Charge at Baltimore was duly instructed by telegram to 
arrest the alien and hold him to bail in $1,000, the usual sum 
in such cases. In due course the formal warrant of arrest was trans- 
mitted to the Inspector in Charge at Baltimore, and on January 9, 



60 

two days after the arrest described above, the alien was taken into 
the custody of the Department of Labor by the Inspector in Charge. 

Prior thereto the Department of Labor tvas in no ivise a partici- 
pant in or directly or indirectly responsible for the arrest of the alien 
or his treatment in any respect. Subsequent, however, to January 
9, and until he gave bail on January 15, the alien remained in cus- 
tody as a prisoner upon the aforesaid warrant of the Department of 
Labor. His hearing pursuant thereto began January 20, and on 
April 1 the record of hearing came to the Assistant Secretary for de- 
cision pursuant to his authority vinder the Immigration laws and the 
organic act of the Department of Labor. 

Examination of this record makes it evident that alien is not a 
Communist. Neither is he an anarchist. He is the opposite of an 
anarchist, namely, a socialist. 

It also appeal's from the record that the alien came to the United 
States in 1907, has lived in Baltimore ever since, and has been for 
several years a respected member of and active worker for the St. 
Paul's Polish Church (Presbyterian) of Baltimore in which he is an 
elder. 

As to his membership in the I. W. W., a point of contention at 
the alien's hearing, the record shows that he was a member of a 
branch of that organization six years ago, this branch being then the 
only union of wage workers in his shop; but that he joined the 
Amalgamated Clothing Workers when it was organized and there- 
upon dropped out of the I. "W. "VV. 

The record also shows that alien was for a time a member of a 
Russian Workers' organization, then an educational and mutual 
benefit society having nothing to do with governmental problems. 
This organization merged into the Union of Russian Workers (an 
organization heretofore proscribed under the act of October 16, 1918) , 
whereupon the alien dropped his membership. He never became a 
member of the Union of Russian Workers. 

The case appearing in the record against the alien turns, there- 
fore, upon the question of his alleged membership in the Com- 
munist Party of America, which, like the Union of Russian Work- 
ers is under the ban of the act of October 16, 1918. He is shown 
to have authorized the signing by another for him of a printed ap- 
plication for membership in the Communist Party. Inasmuch, how- 
ever, as that signing was prior to the organization of the proscribed 
Communist Party of America, it is a nullity for the purpose of this 
proceeding unless confirmed by activities or declarations of the alien 
after the constitution of the proscribed Communist Party was adopted 
and brought to his attention. 

According to the circumstances shown alien's membership appli- 
cation was made in June, July or August, 1919, The Communist 
Party of America was not organized until September. Alien had 
authorized his ante-organization application at the suggestion of an 
official organizer of the Socialist Party at a mass meeting which 
alien attended upon the organizer's invitation, and at which the or- 
ganizer set on foot preliminary proceedings for organizing a local 
branch of the subsequently organized Communist Party. As alien 
understood him the new party was to stand for socialization of mines, 



61 

railroads, etc., thereby lowering prices as the Government Post Office 
had lowered postage. 

Such a branch was informally organized, and on September 5, the 
day of the organization of the Communist Party in Chicago, it ap- 
plied for a charter. The application was approved by Communist 
Party officials at Chicago on September 14 and a membership card 
was given to the alien. Having previously paid a membership fee 
and two months' dues the alien was credited with payments up to 
and including November. A charter was received by the secretary 
of the branch but not accepted by the group. The reason for delay 
seems to have been that no constitution nor any explanation of the 
purpose of the new party had been received, although the informally 
organized branch had been promised the attendance of an organizer 
to explain the Communist Party to its members. At a meeting in 
October, no organizer having come nor any constitution of the party, 
and the members of the branch not having learned anything more 
about the organization than had been explained at the mass meeting 
held in Baltimore before the Communist Party was organized, alien's 
branch decided to have no more meetings and instructed the secre- 
tary to return the charter. Its members never got together again. 

On the basis of those circumstances, the responsibility falls upon 
this Department of deciding whether or not the alien comes within 
the membership clause of the Act of Congress of October 16, 1918. 

Under that clause aliens must be deported if "they are members of 
or affiliated with" the Communist Party of America. If this clause 
be construed as meaning that aliens who have once technically be- 
come members of the Communist Party must be deported even 
though they had no guilty knowledge, or that the principle of ''once 
a member always a member" applies, it might be' possible to spell 
out from the circumstances described above a membership for which 
deportation would be mandatory. Even then, however, there would 
be no little difficulty without disregarding every principle of personal 
responsibility. Having applied for membership before the pro- 
scribed organization was born, and withdrawn before its constitution 
was brought even perfunctorily to his attention, this alien would 
seem to a fair American mind to lack the requisites even of technical 
membership. If, however, the requisites of technical membership 
were all present, nevertheless the Congress of the United States should 
not hastily be presumed to have intended that resident aliens be ar- 
rested and deported as members of an unlawful organization, when 
all the circumstances show the alien himself to have been innocent 
of any guilty knowledge or motive in taking membership and when 
it appears not only that he is and has been wholly free from any 
hostile purpose toward this Government, but that he is sympathetic 
with our democratic institutions. 

Some members of Congress may possibly have intended, when they 
voted for this law, to have it construed in a narroiv. and un-American 
fashion; but it would not be reasonable to infer that Congress, as the 
Constitutional law-making body of this country, enacted this law 
with any su<ch un-American pwrpose. I shall therefore assume in 
this case, as I have in a large number of similar cases, that Congress 
intended the Act of October 16. 1918. to be considered reasonably 



62 

with reference to the individual knowledge and intent of persons 
drawn innocently into an unlawful membership. 

If the act be so construed, this alien is not within the spirit of the 
act even if he were within its letter. In fact, however, he does not 
appear to be within its letter. Under the circumstances disclosed 
by the record he was never so much as a technical member of the 
proscribed Communist Party; and in so far as his conduct might be 
supposed to confirm his ante-organization application or to bring him 
within the affiliation clause of the act, the circumstances of his with- 
drawal are conclusive. 

/ have described this case at length because i/n inost if not all es- 
sentials it is typical of a large proportion of fully 1,000 cases I have 
decided after hearings in which warrants of arrest had been issued by 
the Department of Labor on prima facie proof of probable cause 
furnished by special agents of the Bureau of Investigation of the 
Department of Justice. The aliens are arrested and imprisoned; 
while impi'isoned. they are subjected to a police-office inquisition; 
•<\n affidavit showing probable cause (upon information and belief) 
is thereupon presented to the Department of Labor, whereupon the 
Department of Labor issues its warrant of arrest, takes over the cus- 
tody of the alien, as by law it is required to do, and proceeds as usual 
in warrant cases under the expulsion clause of the immigration law. 
When the hearings at Immigration Stations are reported verbatim 
in regular course to the Department of Labor, the Secretary of Labor 
(or his lawful representative) who is charged with the exclusive re- 
sponsibility, comes to examine these records, it is found in a large 
proportion of the large number of cases I have examined, that there 
is no better reason for deportation than is disclosed in the present case. 
In some cases the membership is '^automatic," the arrested alien 
having been transferred from a lawful organization to the unlawful 
one by vote of a group or branch of the former and without his 
knowledge. In some cases he has had knowledge of the transfer but 
none at all of the character of the organization to which he has been 
transferred. In other cases he has signed applications before the 
existence of the unlawful organization and has never confirmed his 
membership by any conscious act. Sometimes an organizer or a 
friend has signed the application for him. As a rule, the hearings 
show the aliens arrested to be working men of good character who 
have never been arrested before, who are not anarchists or revolu- 
tionists, nor politically or otherivise dangerous in any sense. Many 
of them, as in this case, have American-born children. It is pitiful 
to consider the hardships to luhich they and their families have been 
subjected during the past three or four months by arbitrary arrest, 
long detention in default of bail beyond the means of hard, working 
wage earners to give, for nothing more dangerous than affiliating 
with friends of their own race, country and language, and without 
the slightest indication of sinister motive, or any unlawful act 
within their knowledge or intention. To permit aliens to violate the 
hospitality of this country by conspiring against it is something 
which no American can contemplate with patience._ Equally iin- 
patient, however, must any patriotic American be with drastic pro- 
ceedings on flimsy proof to deport aliens luho are not conspiring 



63 

against our laws and do not intend to. Although these are not 
criminal proceedings, being wholly administrative in their character, 
their effect upon the innocent individual who in this summary way is 
found to be guilty is as distressing to him and his family, to his 
friends and to his neighbors, as the effect of conviction for crime by 
regular judicial processes. 

It is sometimes difficult to draw the line in the records of cases 
of aliens charged with membership in a proscribed organization — 
and very few cases so far instituted upon probable cause shown by 
special agents of the Bureau of Investigation are for anything else — 
between those w^ho are members understandingly and those whose 
membership is only technical and without guilty knowledge on 
their part. The natural association of alien residents with their 
own countrymen and the overlapping of social, industrial and politi- 
cal organizations, each with its factions, tend to confuse the circum- 
stances. As a guide through this maze, I have tried to follow the 
following principles of decision in each individual case : 

1. The Communist Party of America is within the membership 
clauses of the Act of October 16, 1918. (Secretary's memorandum 
in the Preis case.) 

2. Personal signing of the application for membership required 
by the Communist Party as quoted in the Secretary's memorandum 
in the Preis case, when such signing is supplemented by circum- 
stances indicating membership subsequent to the creation of the 
Communist Party, constitutes membership within the purview of 
the Act of October 16, 1918. 

3. Signing by another Avith the authority of the alleged member 
has the same effect as personal signing, provided authority to sign 
and understanding of the purpose thereof are proved. 

4. Applications for membership not confirmed by acceptance do 
not constitute membership within the Act of October 16, 1918, 
unless it may be inferred from further facts indicative thereof. 

5. Name in a membership list is not in itself proof of member- 
ship. 

6. "Automatic membership" does not constitute membership 
within the Act of October 16, 1918, unless supported by proof of 
individual activities or declarations tending to show knowledge of 
the character of the organization. 

7. Signed applications antedating the formation of the Commu- 
nist Party (on or about September 5, 1919) , which are not unlaw- 
ful in their own terms or their legitimate implications, do not in 
themselves constitute proof of membership nor of application for 
membership in the proscribed Communist Party. 

8. When membership has been withdrawn under circumstances 
satisfactorily establishing good faith, the accused alien does not 
come within the proscriptions of the Act of October 16, 1918, as to 
membership. 

9. When the accused alien appears to be a person of good general 
character, fit for American citizenship except for the accusation in 
hand, and there is reasonable doubt of his membership, the warrant 
of arrest will be cancelled. 



64 

10. Statements of the accused alien, whether oral or in writing 
made while he is in custody and without opportunity fairly afforded 
him from the beginning to be represented by counsel, and without 
clear warning that anything he says m,ay be used against him. will 
be disregarded pursuant to the principle Re Jackson {U. S. District 
Court for Montana, Bourquin, J.) and of Silverthorne vs. U. S. 
(January £8, 1920), as having been unlawfully obtained. 

11. Exhibits seized upon the premises or the person of the ac- 
cused alien without lawful process, will be disregarded pursuant both 
to the principle and the precise decision in Re Jackson and Silver- 
thorne vs. U. S. 

12. In cases in which the ahen is the father of children born in 
the United States, and therefore constitutional American citizens, 
and who are dependent upon and receive from him parental support, 
every fair doubt regarding membership within the purview of the 
statute will be accorded. 

Guided by those principles, I am of opinion that upon the record 
in this case the alien is not a member of or affiliated with the Com- 
munist Party or any other proscribed organization within the mean- 
ing of the Act of Congress of October 16, 1918. 
The warrant is cancelled. 

LOUIS F. POST, 

Assistant Secretary. 

Note by the Editor: The rendering of the foregoing decision was 
the principal reason for the effort in the House of Representatives 
to institute impeachment proceedings against Mr. Post. 

EXHIBIT 17. 

PROPAGANDA LETTER, ATTORNEY GENERAL TO MAGAZINES. 

OflBce of the Attorney General. 

Washington. D. C, January 27, 1920. 
and Associates, Editor Magazine, New York City. 



Dear 



In order that as one of the leaders of thought of this country you may have 
before you an authentic source of information as to the significance of the 
present situation I am taking the liberty of sending to you photostatic copies 
of original documents published by various branches of the Communist Press 
in Russia and in the United States. These furnish the purpose, history, and 
character of the Red Radical Movement, not by hearsay, but under the au- 
thoritative sanction of its own progenitors. 

Exhibit No. 1 is the Report of Louis C. Fraina, International Secretary of 
the Communist Party of America, describing fully its antecedents, birth and 
projects, and follows the form of an application of the Communist Party of 
America to be accepted in the Bureau of the Communist International as a 
"major party." 

Exhibit No. 2 is the manifesto of the Third Communist International 
adopted at Moscow, March 2-6. 1919, and signed by Comrades C. Rakovsky, N. 
Lenin, M. Zinerzen, L. Trotsky and Fritz Flatten. It is an exhaustive state- 
ment of the rationale, principles and program of Russian Bolshevism and Its 
ambition for world-wide dominion. 



65 

Exhibit No. 3 is the responsive and cooperating Manifesto, Constitution 
and Program of the Communist Party of America. 

Exhibit No. 4 represents the form of application for membership in this 
party, containing the pledge to active enlistment in its seditious work. 

Exhibit No. 5 gives the Novomirski Manifesto of the Anarchist-Communists 
organized in the Federation of Unions of Russian Workers of the United States 
and Canada, similar in purpose to the manifestoes of previously numbered 
exhibits and containing particularly the declaration "We are atheists ; we are 
commvmists; we are anarchists." — You all have one task — to destroy the 
world of gain and create a world of freedom; for all there is one means — an 
armed insurrection and forcible seizure of all instruments and all products 
of toil. "Woe to the enemies of the laboring class." 

[Note. — This paragraph is deliberately false in its implication ; 
although the document was reprinted in New York it was written 
in Odessa in 1905 for the purposes of the Russian Revolution of 
that year.] 

Exhibit No. 6. "Your Shop" is an evidence of the sabotizing of labor and 
labor enemies prescribed on the communist program. 

Exhibit No. 7. The State-Strike Breaker, of like use but aimed at the 
defamation of government and the employing class. 

Exhibit No. 8. A proclamation of the Communist International against the 
Versailles Peace, designed to exert influence toward its failure of ratification. 

Exhibit No. 9. An example of the Russian Bolshevik propaganda among our 
soldiers in Siberia. 

Striking passages in these exhibits are marked for convenience. 

The whole is submitted for the furtherance of a more realizing popular ap- 
preciation of the menace involved in the unrestrained spread of criminal 
Communism's unspeakable social treason among the masses. 

It is the contention of the Department of Justice that these documents 
standing alone demonstrate : 

(1) That the present aim of the Russian Government and its officers is to 
foment and incite discontent, aiming toward a revolution in this country. 

[Note. — The Department has not yet been able to prove this 
charge in the Martens deportation proceedings.] 

(2) That the entire movement is a dishonest and criminal one, in other 
words, an organized campaign to acquire the wealth and power of all countries 
for the few agitators and their criminal associates. 

[Note. — The entire movement is one of orthodox extreme Social- 
ism along the lines of the Karl Marx Manifesto of 1848.] 

The Red Movement does not mean an attitude of protest against alleged 
defects in our present political and economic organization of society. It does 
not represent the radicalism of progress. It is not a movement of liberty- 
loving persons. Lenine himself made the statement, at the Third Soviet Con- 
ference, "Among one hundred so-called Bolsheviks there is one real Bolshevik, 
thirty-nine criminals, and sixty fools." It advocates the destruction of all 
ownership in property, the destruction of all religion and belief in God. It is 
a movement organized against Democracy, and in favor of the power of the 
few built by force. Bolshevism, syndicalism, the Soviet Government, sabot- 
age, etc., are only names for old theories of violence and criminality. 

Having lived at the expense of the Russian people for two years, these 
speculators in human lives and other peoples' earnings are trying to move to 
new fields to the East and to the West, hoping to take advantage of the 
economic distress and confusion of mind in which humanity finds itself after 
the terrific strain of five years of war. 

Its sympathizers in this country are composed chiefly of criminals, mis- 
taken idealists, social bigots, and many unfortunate men and women suffering 
with various forms of hyperesthesia. 

This Department, as far as existing laws allows, intends to keep up an un- 
flinching war against this movement no matter how cloaked or dissembled. 
We are determined that this movement will not be permitted to go far enough 
in this country to disturb our peace or create any widespread distrust of the 
people's government. 



QQ 

Our actions have been and will be continuously met with criticism. In so 
far as that it is founded upon an understanding of these documents and upon 
the situation which they disclose, we welcome it, but the sabotizing of public 
thought is an essential of this movement, and we are asking you, after reading 
these documents, to aid in seeing that the American people are not misled. 
The natural sympathy of our people for distress in all forms is now being used 
by the friends of Bolshevism in discussing the number of women and children 
alleged to have been left dependent by our deportations. We can assure you 
that the condition of the family of each and every person arrested has been 
personally examined into by the Agents of this Department, and that 
wherever there are dependents of these men they are being individually looked 
after by the most prominent charitable organizations of their own creed in 
their locality. 

[Note. — This statement of fact is of course substantially false.] 

It is no part of the Attorney General's duty to look after the families of vio- 
lators of our laws. Hundreds of thousands of men are in prisons throughout 
our country without it ever having been urged by anyone that the Govern- 
ment is under any proper charge to look after the families brought into dis- 
tress through criminal acts of their own members. 

But in order that the issue may remain clear, we have determined to see to 
it that no woman or child be allowed to suffer for the conduct of their sup- 
porters. 

Their next move has been to agitate criticism of the Government's activity 
as directed against the right of free speech. I yield to no one in my anxiety 
that that right be preserved unclouded and unquestioned, but nothing so en- 
dangers the exercise of a right as the abuse thereof, and a clear definition of 
the right of free speech and of a free press sufficiently answers any criticism 
of the necessity which the Government finds itself under in combating this 
movement. I ask you to consider the following definition of this right, taken 
from our courts and from the great leaders in the battle of the centuries for 
that right. 

[The Attorney General then discusses various legal authorities 
on the subject of free speech.] 

The Department of Justice has a vast amount of other information regard- 
ing the radical movement in this country, which is at your disposal. It will 
give me much pleasure to have one of your representatives call at this office 
so that you may obtain the information first-hand. If you are unable to send 
a representative, I will be glad to furnish you with any details, either general 
or in specific cases. 

[Note. — If a private lawyer were to try his "specific cases" in 
the press in this manner he would be in danger of disbarment.] 

My one desire is to acquaint people like you with the real menace of evil- 
thinking which is the foundation of the Red movement. 

ResDectf ullv 
(Signed) ' A. MITCHELL PALMER. 

EXHIBIT 18. 

PROPAGANDA PAGE OF DEPARTMENT OF JUSTICE, 

In late January or February, 1920, there was sent out to country news- 
papers a specimen newspaper service page of news stories and cartoons 
carrying at the top the following caption : 

"Plates of material shown below are furnished to you without charge, car- 
riage prepaid, on the order of U. S. Department of Justice, Washington, D. C. 
The metal remains our property to be returned in the usual manner. 

(Sgd.) Western Newspaper Union." 

In the center of the page is a cartoon reproduced from the New York 
Tribune and entitled "Give the American Blue Grass a Show." This repre- 
sents Uncle Sam as a farmer weeding up thistles, each of which has a 



67 

hoatrioal Bolslievik head, and loadinlsc them into a hasket lahelod ■'Doporta- 
ion of the Reds." while in the background a woman labeled "America" is 
mowing: grass seed. 

The principal column at the left hand side has the following copy-heads: 
'WARNS NATION OF RED PERIL — U. S. Department of Justice Urges 
\mericans to Guard Against BoLshevism Menace — CALLS RED PLANS 
JRIMINAIj — Press. Church, Schools. Labor Unions and Civic Podics Called 
Jpon to Teach True Purpose of Bolshevist Propaganda." The story under 
his begins : 

"Washington. — Calling for the patriotic support of all true Americans in 
ts fight to protect their homes, religion and property from the spreading 
nenrice of Bolshevism, the U. S. Department of Justice has issued a warning 
igainst the insidious propaganda of the 'Reds' during the New Year. It 
•eads:" 

Tben follows a statement generally similar to parts of the Attorney Gen- 
•ral's letter, Exhibit 17. 

A double width column in the center of the page under the cartoon carries 
he following copy head: "TO 'CONQUER AND DESTROY STATE,' U. S. 
COMMUNISTS CALL FOR LABOR REVOLT— Revolutionary Pamphlet, 
Found in U. S. Department of Justice Investigation, Gives Message of Com- 
nunists in Chicago to Russian Headquarters." Thei-e follow extracts from 
he Manifesto and Program, etc., of the Communist Party, of the character 
vhich judges and juries, in States having criminal anarchy or criminal 
;yndicalism laws, have sent men to jail for five to ten years for printing, 
it is not perceived how the country newspapers could have reprinted this 
•naterial without becoming amenable to criminal prosecution, and it is an 
nteresting legal question whether the action of the Attorney General in 
upplying the material was not instigation to the commission of a crime. 

The right hand column is also double width and carries the following 
■aption: '"OVERTHROW WORLD ORDER!' CRY COMMUNISTS— Manf- 
"esto of Communist International. Seized in U. S'. Department of .Justice 
{aids, Tells 'Reds' Own Story of Their Plans for World Wide Plunder." 
'here follow under this extracts from the Manifesto of the Communist 
nternationale. The remarks in the last paragraph as to the legality of such 
tublication apply here also. 

Below is reprinted a piece of t. W. W. verse entitled "WHAT REDS WOULD 
lAVE US SING— From I. W. W. Songs— Seized in Red. Raids of U. S. 
department of Justice." There is nothing whatever illegal about the verses 
noted except that they violate the laws of versification. 

At the foot of the right hand column under the caption "MEN LIKE 
rHESE WOULD RULE YOU," are pictures of four alleged Communist agi- 
tators "Deported by U. S. Department of Justice" (Deported as matter of 
act and law by the U. S. Department of Labor) which alleged agitators look 
ery much as any member of society might look if he had been jailed and 
lot been allowed to wash or shave for some days. 

A facsimile of this page offered free to country newspapers at the expense 
if the Department of Justice may be seen in The Nation. New York, issue 
.f March G. 1920. 

EXHIBIT 19. 

"Lest We Forget" 

FIRST TO CAI'TURE A HUN 

Blazikowisky and Cochansky, Yankees from Michigan, Won the Honor. 

Washington, Feb. 12. — The first Oferman prisoner taken by American forces 
vas captured by Adam Blazikowiski and John Cochanski of Ironwood, Mich., 
teprosentative James of Michigan, was informed today bj Adjutant Generil 
larris. * * * 

(Boston Transcript, Feb. 12, 1920.) 



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